Feature/OPED
The Constitutionality of S. 396 (7) ACJA in Light of Provisions of Constitution
By Benita Ayo
Overview
This is a commentary on the paper presented by a learned Senior Advocate of Nigeria, Asiwaju Adegboyega Awomolo where he examines the issue of the vacuum created when a judge who is conducting a criminal trial is elevated to the Court of Appeal, as well as the conflict between the provisions of the constitution and the Administration of Criminal Justice Act (ACJA) when this situation arises.
With the aid of decided cases, he concluded that in this instance, an elevated judicial officer cannot continue to hear the matter because from the point of elevation, he/she lacks the requisite jurisdiction to do so.
According to him, the only resolution to the issue, is for the matter to be commenced ‘de novo’ before another judge having the requisite jurisdiction to hear the matter.
The said Section 396 (7) ACJA provides as follows;
“Notwithstanding the provision of any other law to the contrary, A judge of the High Court who has been elevated to the Court of Appeal shall have dispensation to continue to sit as a high court Judge, only for the purpose of concluding any partly heard criminal matter pending before him at the time of his elevation, and shall conclude the same within a reasonable time, provided that this section shall not prevent him from assuming duty as a Justice of a Court of Appeal.”
Now, Section 1 (1) and 1 (3) of the 1999 Constitution of the Federal Republic of Nigeria provides that;
“1(1) This Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federation Republic of Nigeria.”
For purposes of clarity, its Section 1(3) goes further to state:
“1(3) If any other law is inconsistent with the provision of this Constitution, this Constitution shall prevail, and other law shall to the extent of the inconsistency be void.”
COMMENTS
The issues arising from the conflicts are;
- Jurisdiction of a Justice of the Court of Appeal to continue to sit over a matter at the State High Court
- The doctrine of the supremacy of the constitution (1999 as amended)
- Whether indeed, s. 396 (7) ACJA is inconsistent with the Constitution of the Federal Republic of Nigeria 1999 (As amended)
- JURISDICTION OF A JUSTICE OF THE COURT OF APPEAL TO CONTINUE TO SIT OVER A MATTER AT THE STATE HIGH COURT.
Generally speaking, Jurisdiction means the official power to make legal decisions and judgments. It is also the extent of the power to make legal decisions and judgments.
In FBN LTD v. ABRAHAM (2008) LPELR-1281 (SC), the Court defined jurisdiction thus, ‘What is the meaning of jurisdiction? By judicial authorities, jurisdiction is the authority by which a court has to decide matters that are laid before it for litigation or to take cognizance of matters presented in a formal way for its decision. Let it be said that the limits of this authority are, by practice, imposed by statute or law under which the court is constituted. It may be extended or restricted by similar means. If no restriction is imposed, the jurisdiction is said to be unlimited’.
Furthermore, the Supreme Court per OPUTA, JSC (Pp. 39-40, paras. C-A) has defined jurisdiction in the case of ONYEMA & ORS v. OPUTA & ANOR (1987) LPELR-2736 (SC) that; ‘It is thus necessary for the proper appreciation of the issues in this case to understand the concept and content of “jurisdiction”. Briefly stated jurisdiction as it applies to courts can mean one of two things:-
1. The abstract right of a court to exercise its powers in causes of a certain class, or
2. The right of a court or tribunal to exercise its powers with respect to a particular subject matter.
In one sense, the broader sense, jurisdiction refers to the legal authority, the legal capacity, to adjudicate at all; while in the narrower sense it refers to the power of the court over the particular subject matter in dispute, over the res or property in contest. This latter sense may be referred to, as territorial jurisdiction, or venue, or the area of authority – the geographical area beyond which the court’s power (or legal jurisdiction) is not to be extended.’
CLASSES/TYPES OF JURISDICTION
Jurisdiction may be any of the following;
- Territorial (This is the power or authority to preside over a particular location or venue e.g. the Federal High Court has jurisdiction over the entire territory of Nigeria but the State High Court only have jurisdiction over the state in which it is located)
- Subject matter (The authority to adjudicate over certain causes of action. An example is the jurisdiction of the Federal High Court to preside over Admiralty matters and Issues bordering on the interpretation of the provisions of CAMA)
- Exclusive (This is the right to hear a matter to the exclusion of other courts e.g, the Supreme Court have exclusive jurisdiction to hear matters between the Federation and the State)
- Concurrent (This is where the right to hear a matter is shared between more than one court)
- Original (This is right to hear a matter before any other court. e.g, the Court of Appeal has original jurisdiction to hear matters on whether the President or Vice-President has been validly elected, whether the term of the President has ceased or become vacant See s. 239(1) CFRN 199 (As amended).
- Appellate (This is the authority to hear appeals from lower courts e.g. is the Court of Appeal has the appellate jurisdiction over appeal from the Federal High Court, State High Court, National Industrial Court)
- Substantive (This pertains to matters which the court may specifically adjudicate upon as stipulated by statute)
- Procedural ( This pertains to the compliance of certain rules and principles of the court. this type of jurisdiction can be waived)
It is settled law that jurisdiction is the foundation of any court proceeding. Its importance is so fundamental to the matter that it can be raised at any time even up to the Supreme Court for the first time. A court cannot assume jurisdiction or confer itself with jurisdiction where it lacks same. In the case of CBN v. AUTO IMPORT EXPORT & ANOR (2012) LPELR-7858 (CA) the court held as follows;
“It has been stated, time without number, in a plethora of authorities, that jurisdiction is the threshold and livewire that determines the authority of a Court of law or tribunal to entertain a case before it. This is absolutely so, because it is only when a Court is imbued or conferred with the necessary jurisdiction by the Constitution and law that it will have the judicial power and authority to entertain, hear and adjudicate upon any cause or matter brought before it by parties. Conversely, the absence of such requisite jurisdiction would render any proceedings purportedly conducted by Court an exercise in futility, thus null, void and of no effect whatsoever, no matter how well conducted. ……………….
It is equally a well settled principle, that where a Court lacks jurisdiction to try a matter or case, it fundamentally lacks the vires to hear, and adjudicate upon any issue therein. Thus, due to the complex and fundamental nature thereof, the issue of jurisdiction can be raised at any stage and point in time of the proceedings, at the trial Court, the Court of Appeal, or even the apex Court itself. This trite principle has been settled in a plethora of authorities, including the locus classicus thereof, MADUKOLU VS. NKEMDILM (1952) NSCC 374; (1952) 2 SCNLR 341.”
In the instant situation the question which comes to mind is whether a Judge of the High Court presiding over a criminal trial has the requisite jurisdiction to continue the hearing of the matter after he has been elevated to the Court of Appeal as a Justice.
I will say no because subject to the principles of hierarchy of courts in Nigeria, the Court of Appeal do not share concurrent jurisdiction with the State High Court in respect of any matter.
The Court of Appeal only has Appellate Jurisdiction to hear appeals from the High Court to it whereas the State High Court has jurisdiction to hear civil and criminal actions.
As stated before now, jurisdiction cannot be conferred on a court nor can parties by agreement confer same on the court where the statute creating such courts like in this case, the constitution has not conferred such jurisdiction.
I will like to bring to our minds the provisions of the constitution conferring jurisdiction on the High Court and Court of Appeal accordingly.
Section 239 (1) of the constitution of the Federal Republic of Nigeria 1999 (As amended) conferred original jurisdiction of the Court of Appeal on the following matters and it expressly provides that;
(1) “Subject to the provisions of this Constitution, the Court of Appeal shall, to the exclusion of any other court of law in Nigeria, have original jurisdiction to hear and determine any question as to whether-
(a) any person has been validly elected to the office of President, Vice-President, Governor or Deputy Governor under this Constitution; or
(b) the term of office of the President, Vice-President, Governor or Deputy-Governor has ceased; or
(c) the office of President, Vice-President, Governor or Deputy has become vacant
(2) In the hearing and determination of an election petition under paragraph (a) of subsection (1) of this section, the Court of Appeal shall be duly constituted if it consists of at least three Justices of the Court of Appeal”.
Section 240 provides that;
S. 240 “Subject to the provisions of this constitution, the Court of Appeal shall have Jurisdiction to the exclusion of any other court of law in Nigeria, to hear and determine appeals from the Federal High Court, the High Court of the Federal Capital Territory, Abuja, High Court of a State, Sharia Court of Appeal of the Federal Capital Territory, Abuja, Sharia Court of Appeal of a State, Customary Court of Appeal of the Federal Capital Territory, Customary Court of Appeal of a State and from decisions of a court martial or other tribunals as may be prescribed by an Act of the National Assembly.
Furthermore, the Court of Appeal is properly constituted where there are at least 3 Justices sitting. It does not have the requisite Jurisdiction to hear Criminal or Civil matters except on appeal from the State High Court.
On the other hand, section 270 of the constitution created the High Court of a State and section 272 (1) specifically confers the State High Court with its general jurisdiction where it provides that;
(1) “Subject to the provisions of section 251 and other provisions of this constitution, the High Court of a State shall have jurisdiction to hear and determine any civil proceedings in which the existence or extent of a legal right, power, duty, liability, privilege, interest, obligation or claim is in issue or to hear and determine any criminal proceedings involving or relating to any penalty, forfeiture, punishment or other liability in respect of an offence committed by any person.”
(2) The reference to civil or criminal proceedings in this section includes a reference to the proceedings which originate in the High Court of a State and those which are brought before the High Court to be dealt with by the court in the exercise of its appellate or supervisory jurisdiction.”
As it may be seen from the foregoing provisions, there is no where within the said sections as well as the ones stated above that a Justice of the Court of Appeal may continue with a matter he was previously hearing as a Judge of the State High Court. He simply lacks the jurisdiction to do so as the constitution never conferred it.
- THE DOCTRINE OF THE SUPREMACY OF THE CONSTITUTION (1999 AS AMENDED)
This doctrine postulates that the constitution is the supreme law of the land and all other statutory enactment of the National Assembly where it is inconsistent with the provisions of the constitution shall to the extent of its inconsistency be null and void. (See s. 1 (3) 1999 CFRN (As amended))
This doctrine has been affirmed in the case of FBN PLC v. T.S.A. INDUSTRIES LTD (2010) LPELR-1283 (SC) where the court pronounced on the nature and effect of the supremacy of the constitution and held that;
“By virtue of the provision of Section 1(3) of the 1999 Constitution , the doctrine of supremacy of the Constitution demands that if any law is inconsistent with the provision of the 1999 Constitution, the Constitution shall prevail and the other law shall to the extent of the inconsistency be void. “
Also, in ABACHA & ORS. v. FAWEHINMI (2000) LPELR-14 (SC), the court stated that;
“The Constitution is the supreme law of the land; it is the grundnorm. Its supremacy has never been called to question in ordinary circumstances. For avoidance of doubt, the 1979 Constitution stated categorically in its Chapter 1, Section 1(1) as follows:
“1(1) This Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federation Republic of Nigeria.”
For purposes of clarity, its Section 1(3) goes further to state:
“1(3) If any other law is inconsistent with the provision of this Constitution, this Constitution shall prevail, and other law shall to the extent of the inconsistency be void.”
The nature of this doctrine is that there is no other law which is above the constitution of Nigerian. It is immaterial that such law was enacted by the National Assembly and assented to by the President. Such law, in as much as it is not in tune or in line with what has been provided for by the constitution shall to the extent of such inconsistency be void. Such law cannot stand and should not be regarded or enforced by the courts.
In the instant situation, the provision of the S. 396 (7) ACJA which provides as follows;
“Notwithstanding the provision of any other law to the contrary, A judge of the High Court who has been elevated to the Court of Appeal shall have dispensation to continue to sit as a high court Judge, only for the purpose of concluding any partly heard criminal matter pending before him at the time of his elevation, and shall conclude the same within a reasonable time, provided that this section shall not prevent him from assuming duty as a Justice of a Court of Appeal.” is in my humble view completely at par/variance with the provisions of Section 1 (1)& (3) of the constitution and according to the doctrine of the Supremacy of the constitution is null and void.
Section 1 (3) of the CFRN 1999 (As Amended) provides that;
“If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall to the extent of the inconsistency be void.”
Thus, in the instant case, it is unconstitutional for a Judge of the High Court elevated to a Justice of the Court of Appeal to continue to preside over a criminal matter in the High Court as he is no longer a Judge of the High Court no longer has jurisdiction over matters in such court.
Going further, the constitution has provided for the composition/constitution of a State High Court under S. 273 of the constitution where it provides that;
“For the purpose of exercising any jurisdiction conferred upon it under this constitution or any law, a High Court of a State shall be duly constituted if it consists of at least one Judge of that Court”
Going by the above provision, a Justice of the court of Appeal is not a judge of the State High Court and as such does not have the jurisdiction to preside over any matter whether partly heard by him or not in that court. Any decision of a court lacking the prerequisite jurisdiction constitutes a nullity and no one should submit to such jurisdiction and cannot agree to confer such jurisdiction where the statute creating such court has not created such jurisdiction.
- WHETHER INDEED S. 396 (7) ACJA IS INCONSISTENT WITH THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999 (AS AMENDED)
Section 396 (7) of the ACJA provides that;
“Notwithstanding the provision of any other law to the contrary, A judge of the High Court who has been elevated to the Court of Appeal shall have dispensation to continue to sit as a high court Judge, only for the purpose of concluding any partly heard criminal matter pending before him at the time of his elevation, and shall conclude the same within a reasonable time, provided that this section shall not prevent him from assuming duty as a Justice of a Court of Appeal.”
And Section 1 (1) and (3) of the Constitution says;
“1(1) This Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federation Republic of Nigeria.”
For purposes of clarity, its Section 1(3) goes further to state:
“1(3) If any other law is inconsistent with the provision of this Constitution, this Constitution shall prevail, and other law shall to the extent of the inconsistency be void.”
The constitution has conferred different jurisdictions upon the High Court of a State and the Court of Appeal and they are no way similar. While the State High has jurisdiction to hear Civil and Criminal matters, the Court of Appeal has amongst others the jurisdiction to hear appeals from the State High Court, Federal High Court, National industrial Court and so on.
The composition of a State High Court according to the constitution is at least a Judge of the Court and I have stated earlier on that a Justice of the Court of Appeal is not a Judge of the State High Court at least not stated so by the Constitutional provisions creating the Court of Appeal.
Thus, it is not proper for a Justice of the Court of Appeal to continue with a matter which he was handling prior to his elevation as a Justice of the Court of Appeal. Jurisdiction, where it is non-existent, cannot be conferred on oneself nor can parties agree to it.
In the instant case, in light of the provisions of S. 1 (1) & (3) of the constitution, the provisions of S. 396 (7) ACJA is inconsistent with the constitution and is to the extent of its inconsistency null and void.
CONCLUSION
In conclusion, having found that S. 396 (7) ACJA is inconsistent with the constitution, the said section should be expunged completely form the Act. It is my advise that where a Judge of a State High Court has been elevated to a higher office, any criminal matter that is being handled by him should be transferred to another trial Judge with concurrent jurisdiction as the former Judge prior to elevation and be allowed to commence de novo.
I completely agree with the submissions of the learned Senior Advocate that where a Judge has been elevated from the High Court to the Court of Appeal, any partly heard criminal matter by him should be allowed to commence de novo before another Judge with the requisite jurisdiction to hear same.
Benita Ayois a legal practitioner based in Lagos, Nigeria.
Feature/OPED
Observations From Afar on BRICS Common Currency
By Shmuel Ja’Mba Abm
In a report filed by The Business Standard on August 8, 2026, India, the current BRICS chair, opposes a proposal for a common currency to counter the US dollar.
The Indian Commerce Minister, Piyush Goyal, told reporters in Jaipur, Rajasthan, northwestern India, after a two-day BRICS trade and industry meeting, that India was not in favour of a BRICS currency. He added that India did not support the introduction of any such BRICS currency scheme.
It is good these things are showing signs at this early stage of attempts by BRICS member countries to crystallise a research finding published by a British economist at Goldman Sachs, Jim O’Neil, in 2001.
None of the leaders and country members of BRICS ever conceived on record the formation of such an economic or political bloc until the research publication, which spurred leaders of the mentioned countries to marshal resources and begin a dialogue of formalisation.
The current membership that started involuntarily with just Brazil, Russia, India, and China as a concept published by a research economist, that later included South Africa, now has 10 members – Brazil, Russia, India, China, South Africa, Egypt, Ethiopia, Iran, United Arab Emirates, and Indonesia.
Belarus, Bolivia, Cuba, Kazakhstan, Malaysia, Nigeria, Thailand, Uganda, Uzbekistan, and Vietnam are designated partner countries that participate in framework meetings without full voting rights.
Originally, the publication by Jim O’Neil wasn’t intended or proposed as a vehicle for the political grouping that has drawn the attention of the rest of the world, as mentioned members took a step further from the appraisal or assessment paper to coalesce into a political force overflowing its original boundaries today.
For the above reasons, the initial step of early contacts was to take advantage of things in common in member countries for the stimulation of economic growth and global prosperity. At that stage, suspicions were managed, and plans didn’t consider historical political differences and disagreements as grounds for suspicion or discontinuation of cooperation.
Of course, China and India had trust issues over decades of border disputes. And in the early stages of heightened escalations of the Russian-Ukrainian relationship when India offered to mediate and broker for ceasefire and eventual peace, Russia wasn’t sceptical but took steps to host the Indian Prime Minister, Narendra Modi.
But at the back of the mind of the Russian-Indian relationship, history was revealing about betrayals, especially after what the country endured in assassinations of leading members of the Indian National Congress, that killed Indira Gandhi and swept her son, Rajiv Gandhi, and thereafter ravaged the family dynasty with threats of violence.
These paved the way for the emergence of the Bharatiya Janata Party, a Hindu nationalist party, and its leader, Narendra Modi. The BJP is not directly responsible for the intimidation and violent campaign against the INC, a close former Soviet-era ally of Russia, but a beneficiary. There are grounds to suspect a frosty relationship with Russia, although concealed in diplomatic niceties and global market dynamics of cross-border business and trade.
India turned into the redistribution hub of Russian discounted grains and oil supplies as a third country, after sanctions were imposed on Russia in what Russia described as demilitarisation and denazification special operations in Ukraine.
India is considered by Western powers as a democracy. It was once a British colony, gaining independence on August 15, 1947. It is also a member of the British Commonwealth of Nations. On a normal day, it doesn’t add or take away anything. But under these circumstances, these are serious factors to consider in arriving at a decision.
Be it as it may, China and Russia have found their way out in world trade, bypassing SWIFT. China operates the Cross-border Inter-bank Payment System, whilst Russia is running the System for Transfer of Financial Messages (SPFS). India has IMPS and NEFT. In principle, these payment systems bypass SWIFT and the US dollar, nonetheless.
As the world waits to hear India back its dissenting views with supporting facts, world trade will never remain the same again.
Shmuel Ja’Mba Abm has extensive scholarly publications that establish him as a leading academic expert in regional geopolitical dynamics and diplomatic relations in Africa. Author of e-monographs on geopolitics, ethnic conflicts, and political philosophy.
Feature/OPED
What Dangote’s Reported $40bn Private-Placement Valuation Could Mean for Nigerian Investors, NGX
Dangote Petroleum Refinery could become an unusually large part of Nigeria’s stock market if its eventual IPO valuation is close to the roughly $40 billion implied by a recent private placement.
EBC Financial Group (EBC) highlights that this would value the refinery at about N54.63 trillion, using the Central Bank of Nigeria (CBN) Nigerian Foreign Exchange Market rate of N1,365.6856 per USD on August 7. Against the N158.513 trillion value of companies listed on the Nigerian Exchange (NGX) on the same date, adding the refinery at that value would produce a market worth about N213.14 trillion, with Dangote Refinery accounting for 25.6%.
This scenario assumes the full $40 billion equity value is reflected in NGX market capitalisation and other listed company values remain unchanged. At that size, movements in the company could become highly visible across the Nigerian equity market, although its actual influence on NGX indices may depend on the shares available for public trading and the relevant index rules.
David Precious, Senior Market Analyst at EBC Financial Group, said: “If Dangote Refinery entered the Nigerian Exchange at close to a $40 billion valuation, it could account for roughly one-quarter of the resulting NGX market value. If that valuation is difficult to support, few shares are available for public trading, or investors need to reduce other Nigerian holdings to participate, the effects could extend across Nigeria’s equity market, including existing NGX-listed companies and their shareholders.”
A Private Transaction Can Indicate Value, but Public Investors Need Financial Evidence
Based on the private transaction, $40 billion provides an indication of Dangote Refinery’s value, but it does not establish the eventual IPO price. Details published on August 4 said a $2.5 billion private placement for a 6% stake implied a valuation of roughly $40 billion. The proposed initial public offering (IPO) was reported to target about $5 billion, while the eventual IPO valuation and percentage offered to the public were not disclosed. This is important as a private transaction may produce a different valuation from the price a broad group of public investors is prepared to accept.
For context, public equity market values cited alongside the transaction were about $12 billion for Türkiye’s Tupras and $16 billion for US-listed HF Sinclair. The Dangote figure is about 3.3 times Tupras and 2.5 times HF Sinclair. They are not direct comparisons because profitability, debt, operations and growth plans differ. The gap nevertheless increases the need for audited earnings, cash flow, debt and investment plans that explain what supports the higher valuation.
The reported $5 billion fundraising target is equivalent to about N6.83 trillion at the August 7 exchange rate, or approximately 4.3% of the N158.513 trillion existing NGX market value. Proposed $5 billion raise. If new Nigerian or foreign money funds the offer, the pool of capital invested in Nigerian equities could expand. If investors sell current holdings to participate, capital could instead move away from other listed companies.
Publicly Tradable Shares and New Investment Could Shape the Wider Market Impact
NGX rules show why total company value does not tell investors how much stock they can actually trade. Main Board companies can qualify through either 20% public ownership held by at least 300 shareholders or publicly tradable shares worth at least N20 billion. The Premium Board value alternative is N40 billion. Holdings controlled by promoters, directors and close relatives, government, or strategic investors owning at least 5% are excluded from qualifying public shares.
This means a company worth tens of trillions of naira could still have a much smaller amount of stock available for regular trading if ownership remains concentrated. The key issue is therefore how much of Dangote Refinery becomes accessible to public investors and how widely those shares are held.
Regional investment could also affect the outcome. Details published on 4 August indicated engagement involving South Africa, Kenya, Egypt, Ghana and Rwanda, including possible Kenyan participation of up to $500 million, although no allocations were confirmed. The Johannesburg Stock Exchange separately said Dangote Group had shown strong intent to pursue a South African listing after Nigeria. Regional participation in the Nigerian offer could bring new capital directly into Nigerian equities. A later South African listing could broaden access but would not itself increase money raised through the Nigerian IPO.
Pension funds face the same question of capital allocation. The National Pension Commission (PenCom) waived the usual existence, profitability and dividend requirements so Pension Fund Administrators can consider the IPO, while retaining internal investment policies, risk-management requirements and duties to contributors and retirees. PenCom Circular on Dangote Refiner. PenCom states that the dispensation is exceptional, one-off and specific to this proposed IPO.
Pension funds held N5.907 trillion in domestic ordinary shares at the end of June, compared with the offer’s approximately N6.83 trillion equivalent. This does not imply pension funds would finance the offer. It shows why managers must consider exposure to one company and whether participation requires reducing other investments.
Precious added, “Dangote being listed could become a turning point for Nigeria’s equity market if it brings wider public ownership and additional African capital. Investors still need clear evidence supporting the valuation, clarity on how much of the company they can trade and an explanation of where the money raised will go. Those answers will determine whether the listing expands the Nigerian equity market or concentrates more investment around one company.”
An approved prospectus should clarify the valuation, shares offered, public ownership and use of proceeds. The Securities and Exchange Commission (SEC) said on June 23 that no IPO application had then been filed or approved and ordered unauthorised pre-marketing to stop. Details published on 4 August later said an IPO application had been submitted, with regulatory approval expected in the following weeks. Until final terms are disclosed, the test for Nigeria is whether the listing combines a supportable valuation with broad public ownership and genuinely additional investment.
Feature/OPED
Moving the Stablecoin Conversation From Hype to Utility in Africa’s Next Payments Evolution
By Rajat Mishra
For much of the past decade, discussions around stablecoins have been dominated by cryptocurrency speculation. Increasingly, however, stablecoins are emerging as practical financial infrastructure for moving money across borders, managing liquidity and improving payment efficiency.
The real opportunity lies not in choosing between traditional finance and digital assets, but in building an integrated financial ecosystem where both work together to improve efficiency, broaden financial access and deepen economic connectivity across the continent.
Despite significant advances in financial inclusion and digital payments, moving money across African borders remains far more difficult than it should be. Businesses continue to face challenges when making cross-border payments. Fragmented payment networks, multiple intermediaries, and lengthy settlement processes increase costs and create operational inefficiencies.
Remittance providers, the specialised financial services that millions rely on to send money home, face many of the same structural challenges. These providers play a critical role across the continent. In fact, 19 of Africa’s 54 countries receive remittance inflows equivalent to at least 4% of their GDP. Yet Africa remains the world’s most expensive region to send money to.
These challenges are not a reflection of remittance providers themselves, but of the fragmented banking and settlement infrastructure underpinning international money movement. Financial institutions must often manage liquidity across multiple disconnected currency markets while relying on complex correspondent banking networks and clearing systems. The result is higher costs, slower settlements, and capital that remains unnecessarily locked up.
One of the most immediate opportunities for stablecoins lies in improving cross-border settlement. Consider a Kenyan business importing goods from South Africa. Under traditional settlement models, payments often pass through multiple correspondent banking relationships, involve several foreign exchange conversions, and can take days before funds reach the intended recipient.
Stablecoin-enabled settlement rails have the potential to reduce much of this friction by enabling value to move more efficiently between financial institutions across markets. The result can be shorter settlement times, greater transparency and improved predictability for businesses operating across borders.
The benefits extend well beyond businesses. For millions of Africans working abroad, remittances remain a financial lifeline, helping families pay school fees, healthcare costs and daily living expenses. Yet sending money home often involves navigating a complex chain of money transfer operators, correspondent banks, and local payout partners, with each additional layer introducing costs and delays.
Stablecoins can help streamline the backend movement of funds between institutional participants, reducing settlement costs and improving efficiency across the value chain.
For end users, the advantage is simplicity. Recipients do not need to interact with, or even understand stablecoins directly. They continue to receive money through familiar, trusted channels, whether a local bank account or mobile money wallet, only faster and at a lower cost.
Beyond payments, stablecoins also address one of the less visible but most significant challenges in cross-border finance: liquidity management. Financial institutions operating across multiple markets must constantly ensure they have sufficient funds in the right currency, in the right jurisdiction and at the right time. Today, this often requires pre-funding accounts across multiple countries, a costly practice that traps large amounts of capital and limits financial flexibility.
Stablecoins introduce a new model for moving value across borders in near real time, enabling institutions to manage liquidity dynamically as demand arises. This can reduce the need for large pre-funded balances, improve treasury efficiency and free up capital that can be deployed more productively. Ultimately, these efficiencies can translate into faster settlements, lower costs, and better services for businesses and consumers alike.
However, the true value of stablecoins will not come from isolated blockchain networks operating independently of existing financial systems. Their long-term impact will depend on how effectively they integrate with banks, mobile money platforms, payment service providers and existing payment infrastructure. Interoperability will be critical to ensuring payment flows move seamlessly between systems, markets and currencies. The goal should be to strengthen and modernise today’s payment ecosystem, not replace it.
From experiment to infrastructure: what global moves are telling us
Some of the clearest signals that stablecoins are moving from experimentation to infrastructure are coming from card networks. Mastercard’s reported agreement to acquire BVNK, valued at up to $1.8 billion, points to a strategic investment in the settlement layer connecting stablecoin rails with traditional banking and reflects growing institutional confidence in stablecoin-enabled cross-border payments.
Visa’s expansion of stablecoin-backed cards through Stripe’s Bridge to more than 100 countries reflects a complementary strategy. Rather than acquiring infrastructure outright, Visa is leveraging its existing global network as the final distribution layer for stablecoin-funded payments.
The inclusion of African markets is particularly significant. It signals growing confidence that stablecoin-backed payment instruments can operate alongside, and in some cases complement, the mobile money ecosystems that already dominate wallet-based payments across much of the continent.
Taken together, these developments point to a broader shift. Card payment networks are moving from observing the stablecoin conversation to investing directly in the infrastructure that underpins it. For Africa, the implication is not that stablecoins will replace existing payment rails, but that success will increasingly belong to institutions capable of orchestrating multiple settlement rails – cards, bank transfers, mobile money and stablecoins- within a unified, interoperable ecosystem. Local market expertise, regulatory relationships and last-mile distribution will remain decisive competitive advantages.
Building for scale through trust and regulation
But despite their potential, stablecoins cannot operate outside the boundaries of regulated financial systems. Their long-term viability across Africa depends on clear regulatory frameworks, robust compliance standards and trusted infrastructure that supports transparency, risk management and consumer protection.
We are already seeing this evolution. In markets such as South Africa, institutions facilitating cross-border settlements must navigate increasingly sophisticated regulatory requirements, including approvals for certain offshore crypto-related activities. Globally, initiatives such as the OECD’s Crypto-Asset Reporting Framework (CARF) and expanded Travel Rule obligations are raising expectations around reporting, tax transparency and compliance.
These developments reinforce a simple reality: stablecoin infrastructure does not reduce compliance obligations. It raises the bar for governance, transparency and institutional risk management. The objective is not to bypass regulation, but to build interoperable payment systems that can innovate confidently within it.
From the edges to the plumbing
The stablecoin conversation is steadily moving beyond speculation and towards practical implementation. What once sat at the edges of the payments debate is becoming part of the plumbing of cross-border finance rather than a parallel system to it.
The question is no longer whether stablecoins have a role to play in payments. The question is where they deliver the greatest value. In Africa, that value is increasingly clear: faster settlement, improved liquidity efficiency and more connected cross-border commerce. The winners will not be those that replace existing financial systems, but those that successfully connect stablecoin rails with the banks, mobile money networks and payment providers that already power the continent’s economy.
For pan-African payment networks such as Onafriq, the priority is ensuring that emerging technologies complement the financial infrastructure businesses and consumers already trust, rather than introducing new layers of complexity.
The opportunity lies in connecting stablecoin settlement with banks, mobile money networks and payment providers, ensuring the benefits of this new infrastructure deliver tangible outcomes for African businesses and consumers.
Rajat Mishra is the CPO for Network Product & Deputy Group CPIO at Onafriq



