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
Why Creativity is the New Infrastructure for Challenging the Social Order
By Professor Myriam Sidíbe
Awards season this year was a celebration of Black creativity and cinema. Sinners directed by Ryan Coogler, garnered a historic 16 nominations, ultimately winning four Oscars. This is a film critics said would never land, which narrates an episode of Black history that had previously been diminished and, at some points, erased.
Watching the celebration of this film, following a legacy of storytelling dominated by the global north and leading to protests like #OscarsSoWhite, I felt a shift. A movement, growing louder each day and nowhere more evident than on the African continent. Here, an energetic youth—representing one-quarter of the world’s population—are using creativity to renegotiate their relationship with the rest of the world and challenge the social norms affecting their communities.
The Academy Awards held last month saw African cinema represented in the International Feature Film category by entries including South Africa’s The Heart Is a Muscle, Morocco’s Calle Málaga, Egypt’s Happy Birthday, Senegal’s Demba, and Tunisia’s The Voice of Hind Rajab.
Despite its subject matter, Wanuri Kahiu’s Rafiki, broke the silence and secrecy around LGBTQ love stories. In Kenya, where same sex relationships are illegal and loudly abhorred, Rafiki played to sold-out cinemas in the country’s capital, Nairobi, showing an appetite for home-grown creative content that challenges the status quo.
This was well exemplified at this year’s World Economic Forum in Davos when alcoholic beverages firm, AB InBev convened a group of creative changemakers and unlikely allies from the private sector to explore new ways to collaborate and apply creativity to issues of social justice and the environment.
In South Africa, AB inBev promotes moderation and addresses alcohol-related gender-based violence by partnering with filmmakers to create content depicting positive behaviours around alcohol. This strategy is revolutionising the way brands create social value and serve society.
For brands, the African creative economy represents a significant opportunity. By 2030, 10 per cent of global creative goods are predicted to come from Africa. By 2050, one in four people globally will be African, and one in three of the world’s youth will be from the continent.
Valued at over USD4 trillion globally (with significant growth in Africa), these industries—spanning music, film, fashion, and digital arts—offer vital opportunities for youth, surpassing traditional sectors in youth engagement.
Already, cultural and creative industries employ more 19–29-year-olds than any other sector globally. This collection of allies in Davos understood that “business as usual” is not enough to succeed in Africa; it must be on terms set by young African creatives with societal and economic benefits.
The key question for brands is: how do we work together to harness and support this potential? The answer is simple. Brands need courage to invest in possibilities where others see risk; wisdom to partner with those others overlook; and finally, tenacity – to match an African youth that is not waiting but forging its own path.
As the energy of the creative sector continues to gain momentum, I am left wondering: which brands will be smart enough to get involved in our movement, and who has what it takes to thrive in this new world?
Professor Sidíbe, who lives in Nairobi, is the Chief Mission Officer of Brands on a Mission and Author of Brands on a Mission: How to Achieve Social Impact and Business Growth Through Purpose.
Feature/OPED
Why President Tinubu Must End Retirement Age Disparity Between Medical and Veterinary Doctors Now
By James Ezema
To argue that Nigeria cannot afford policy inconsistencies that weaken its already fragile public health architecture is not an exaggeration. The current disparity in retirement age between medical doctors and veterinary professionals is one such inconsistency—one that demands urgent correction, not bureaucratic delay.
The Federal Government’s decision to approve a 65-year retirement age for selected health professionals was, in principle, commendable. It acknowledged the need to retain scarce expertise within a critical sector. However, by excluding veterinary doctors and veterinary para-professionals—whether explicitly or by omission—the policy has created a dangerous gap that undermines both equity and national health security.
This is not merely a professional grievance; it is a structural flaw with far-reaching consequences.
At the heart of the issue lies a contradiction the government cannot ignore. For decades, Nigeria has maintained a parity framework that places medical and veterinary doctors on equivalent footing in terms of salary structures and conditions of service. The Consolidated Medical Salary Structure (CONMESS) framework recognizes both professions as integral components of the broader health ecosystem. Yet, when it comes to retirement policy, that parity has been abruptly set aside.
This inconsistency is indefensible.
Veterinary professionals are not peripheral actors in the health sector—they are central to it. In an era defined by zoonotic threats, where the majority of emerging infectious diseases originate from animals, excluding veterinarians from extended service retention is not only unfair but strategically reckless.
Nigeria has formally embraced the One Health approach, which integrates human, animal, and environmental health systems. But policy must align with principle. It is contradictory to adopt One Health in theory while sidelining a core component of that framework in practice.
Veterinarians are at the frontline of disease surveillance, outbreak prevention, and biosecurity. They play critical roles in managing threats such as anthrax, rabies, avian influenza, Lassa fever, and other zoonotic diseases that pose direct risks to human populations. Their contribution to safeguarding the nation’s livestock—estimated in the hundreds of millions—is equally vital to food security and economic stability.
Yet, at a time when their relevance has never been greater, policy is forcing them out prematurely.
The workforce realities make this situation even more alarming. Nigeria is already grappling with a severe shortage of veterinary professionals. In some states, only a handful of veterinarians are available, while several local government areas have no veterinary presence at all. Compelling experienced professionals to retire at 60, while their medical counterparts remain in service until 65, will only deepen this crisis.
This is not a theoretical concern—it is an imminent risk.
The case for inclusion has already been made, clearly and responsibly, by the Nigerian Veterinary Medical Association and the Federal Ministry of Livestock Development. Their position is grounded in logic, policy precedent, and national interest. They are not seeking special treatment; they are demanding consistency.
The current circular, which limits the 65-year retirement age to clinical professionals in Federal Tertiary Hospitals and excludes those in mainstream civil service structures, is both administratively narrow and strategically flawed. It fails to account for the unique institutional placement of veterinary professionals, who operate largely outside hospital settings but are no less critical to national health outcomes.
Policy must reflect function, not merely location.
This is where decisive leadership becomes imperative. The responsibility now rests squarely with Bola Ahmed Tinubu to address this imbalance and restore coherence to Nigeria’s health and civil service policies.
A clear directive from the President to the Office of the Head of the Civil Service of the Federation can correct this anomaly. Such a directive should ensure that veterinary doctors and veterinary para-professionals are fully integrated into the 65-year retirement framework, in line with existing parity policies and the realities of modern public health.
Anything less would signal a troubling disregard for a sector that plays a quiet but indispensable role in national stability.
This is not just about fairness—it is about foresight. Public health security is interconnected, and weakening one component inevitably weakens the entire system.
Nigeria stands at a critical juncture, confronted by complex health, food security, and economic challenges. Retaining experienced veterinary professionals is not optional; it is essential.
The disparity must end—and it must end now.
Comrade James Ezema is a journalist, political strategist, and public affairs analyst. He is the National President of the Association of Bloggers and Journalists Against Fake News (ABJFN), National Vice-President (Investigation) of the Nigerian Guild of Investigative Journalists (NGIJ), and President/National Coordinator of the Not Too Young To Perform (NTYTP), a national leadership development advocacy group. He can be reached via email: [email protected] or WhatsApp: +234 8035823617.
Feature/OPED
N4.65 trillion in the Vault, but is the Real Economy Locked Out?
By Blaise Udunze
Following the successful conclusion of the banking sector recapitalisation programme initiated in March 2024 by the Central Bank of Nigeria, the industry has raised N4.65 trillion. No doubt, this marks a significant milestone for the nation’s financial system as the exercise attracted both domestic and foreign investors, strengthened capital buffers, and reinforced regulatory confidence in the banking sector. By all prudential measures, once again, it will be said without doubt that it is a success story.
Looking at this feat closely and when weighed more critically, a more consequential question emerges, one that will ultimately determine whether this achievement becomes a genuine turning point or merely another financial milestone. Will a stronger banking sector finally translate into a more productive Nigerian economy, or will it be locked out?
This question sits at the heart of Nigeria’s long-standing economic contradiction, seeing a relatively sophisticated financial system coexisting with weak industrial output, low productivity, and persistent dependence on imports truly reflects an ironic situation. The fact remains that recapitalisation, by design, is meant to strengthen banks, enhancing their ability to absorb shocks, manage risks and support economic growth. According to the apex bank, the programme has improved capital adequacy ratios, enhanced asset quality, and reinforced financial stability. Under the leadership of Olayemi Cardoso, there has also been a shift toward stricter risk-based supervision and a phased exit from regulatory forbearance.
These are necessary reforms. A stable banking system is a prerequisite for economic development. However, the truth be told, stability alone is not sufficient because the real test of recapitalisation lies not in stronger balance sheets, but in how effectively banks channel capital into productive economic activity, sectors that create jobs, expand output and drive exports. Without this transition, recapitalisation risks becoming an exercise in financial strengthening without economic transformation.
Encouragingly, early signals from industry experts suggest that the next phase of banking reform may begin to address this long-standing gap. Analysts and practitioners are increasingly pointing to small and medium-sized enterprises (SMEs) as a key destination for recapitalisation inflows, which is a fact beyond doubt. Given that SMEs account for over 70 per cent of registered businesses in Nigeria, the logic is compelling. With great expectation, as has been practicalised and established in other economies, a shift in credit allocation toward this segment could unlock job creation, stimulate domestic production, and deepen economic resilience. Yet, this expectation must be balanced with reality. Historically, and of huge concern, SMEs have received only a marginal share of total bank credit, often due to perceived risk, lack of collateral, and weak credit infrastructure.
Indeed, Nigeria’s broader financial intermediation challenge remains stark. Even as the giant of Africa, private sector credit stands at roughly 17 per cent of GDP, and this is far below the sub-Saharan African average, while SMEs receive barely 1 per cent of total bank lending despite contributing about half of GDP and the vast majority of employment. These figures underscore the structural disconnect between the banking system and the real economy. Recapitalisation, therefore, must be judged not only by the strength of banks but by whether it meaningfully improves this imbalance.
Nigeria’s economic challenge is not merely one of capital scarcity; it is fundamentally a problem of low productivity. Manufacturing continues to operate far below capacity, agriculture remains largely subsistence-driven, and industrial output contributes only modestly to GDP. Despite decades of banking sector expansion, credit to the real sector has remained limited relative to the size of the economy. Instead, banks have often gravitated toward safer and more profitable avenues such as government securities, treasury instruments, and short-term trading opportunities.
This is not irrational. It reflects a rational response to risk, policy signals, and market realities. However, it has created a structural imbalance in which capital circulates within the financial system without sufficiently reaching the productive economy. The result is a pattern where financial sector growth outpaces real sector development, a phenomenon widely described as financialisation without productivity gains.
At the centre of this challenge is the issue of credit allocation. A recapitalised banking sector, strengthened by new capital and improved buffers, should theoretically expand lending. But this is, contrarily, because the more important question is where that lending will go. Will Nigerian banks extend long-term credit to manufacturers, finance agro-processing and value chains, and support scalable SMEs, or will they continue to concentrate on low-risk government debt, prioritise foreign exchange-related gains, and maintain conservative lending practices in the face of macroeconomic uncertainty? Some of these structural questions call for immediate answers from policymakers.
Some industry voices are optimistic that the expanded capital base will translate into a broader loan book, increased investment in higher-risk sectors, and improved product offerings for depositors; this is not in doubt. There are also expectations that banks will scale operations across the continent, leveraging stronger balance sheets to expand their regional footprint. Yes, they are expected, but one thing that must be made known is that optimism alone does not guarantee transformation. The fact is that without deliberate incentives and structural reforms, capital may continue to flow toward low-risk assets rather than high-impact sectors.
Beyond lending, experts are also calling for a shift in how banking success is measured. The next phase of reform, according to the experts in their arguments, must move from capital thresholds to customer outcomes. This includes stronger consumer protection frameworks, real-time complaint management systems and more transparent regulatory oversight. A more technologically driven supervisory model, one that allows regulators to monitor customer experiences and detect systemic risks early, could play a critical role in strengthening trust and accountability within the system.
This dimension is often overlooked but deeply significant. A banking system that is well-capitalised but unresponsive to customer needs risks undermining public confidence. True financial development is not only about capital strength but also about accessibility, fairness, and service quality. Nigerians must feel the impact of recapitalisation not just in improved financial ratios, but in better banking experiences, more inclusive services, and greater economic opportunity.
The recapitalisation exercise has also attracted notable foreign participation, signalling confidence in Nigeria’s banking sector. However, confidence in banks does not necessarily translate into confidence in the broader economy. The truth is that foreign investors are typically drawn to strong regulatory frameworks, attractive returns, and market liquidity, though the facts are that these factors make Nigerian banks appealing financial assets; it must be made explicitly clear that they do not automatically reflect confidence in the country’s industrial base or productivity potential.
This distinction is critical. An economy can attract capital into its financial sector while still struggling to attract investment into productive sectors. When this happens, growth becomes financially driven rather than fundamentally anchored. The risk, therefore, is that recapitalisation could deepen Nigeria’s financial markets, but what benefits or gains when banks become stronger or liquid without addressing the structural weaknesses of the real economy.
It is clear and explicit that the current policy direction of the CBN reflects a strong emphasis on stability, with tightened supervision, improved transparency, and stricter prudential standards. These measures are necessary, particularly in a volatile global environment. However, there is an emerging concern that stability may be taking precedence over growth stimulation, which should also be a focal point for every economy, of which Nigeria should not be left out of the equation. Central banks in emerging markets often face a delicate balancing act, and this is putting too much focus on stability, which can constrain credit expansion, while too much emphasis on growth can undermine financial discipline, as this calls for a balance.
In Nigeria’s case, the question is whether sufficient mechanisms exist to align banking sector incentives with national productivity goals. Are there enough incentives to encourage long-term lending, sector-specific financing, and innovation in credit delivery? Or does the current framework inadvertently reward risk aversion and short-term profitability?
Over the past two decades, it has been a herculean experience as Nigeria’s economic trajectory suggests a growing disconnect between the financial sector and the real economy. Banks have become larger, more sophisticated and more profitable, yet the irony is that the broader economy continues to struggle with high unemployment, low industrial output, and limited export diversification. This divergence reflects the structural risk of financialization, a condition in which financial activities expand without a corresponding increase in real economic productivity.
If not carefully managed, recapitalisation could reinforce this trend. With more capital at their disposal, banks may simply scale existing business models, expanding financial activities that generate returns without contributing meaningfully to production. The point is that this is not solely a failure of the banking sector; it is a systemic issue shaped by policy design, regulatory priorities, and market incentives, which needs the urgent attention of policymakers.
Meanwhile, for recapitalisation to achieve its intended purpose and truly work, it must be accompanied by a deliberate shift or intentional policy change from capital accumulation to productivity enhancement and the economy to produce more goods and services efficiently. This begins with creating stronger incentives for real sector lending with differentiated capital requirements based on sector exposure, credit guarantees for high-impact industries, and interest rate support for priority sectors, which can encourage banks to channel funds into productive areas, and this must be driven and implemented by the apex bank to harness the gains of recapitalisation.
This transformative process is not only saddled with the CBN, but the Development finance institutions also have a critical role to play in de-risking long-term investments, making it easier for commercial banks to participate in financing projects that drive economic growth. At the same time, one of the missing pieces that must be taken into cognisance is that regulatory frameworks should discourage excessive concentration in risk-free assets. No doubt, banks thrive in profitability, as government securities remain important; overreliance on them can crowd out private sector credit and limit economic expansion.
Innovation in financial products is equally essential. Traditional lending models often fail to meet the needs of SMEs and emerging industries, as this has continued to hinder growth. Banks must explore new approaches, including digital lending platforms, supply chain financing, and blended finance solutions that can unlock new growth opportunities, while they extend their tentacles by saturating the retail space just like fintech.
Accountability must also be embedded in the system. One fact is that if recapitalisation is justified as a tool for economic growth, then its outcomes and gains must be measurable and not obscure. Increased credit to productive sectors, higher industrial output and job creation should serve as key indicators of success. Without such metrics, the exercise risks being judged solely by financial indicators rather than its real economic impact.
The completion of the recapitalisation programme represents more than a regulatory achievement; it is a defining moment for Nigeria’s economic future. The country now has a banking sector that is better capitalised, more resilient, and more attractive to investors. These are important gains, but they are not ends in themselves.
The ultimate objective is to build an economy that is productive, diversified, and inclusive. Achieving this requires more than strong banks; it requires banks that actively power economic transformation.
The N4.65 trillion recapitalisation is a significant step forward. It strengthens the foundation of Nigeria’s financial system and enhances its capacity to support growth. However, capacity alone is not enough and truly not enough if the gains of recapitalisation are to be harnessed to the latter. What matters now is how that capacity is deployed.
Some of the critical questions for urgent attention are as follows: Will banks rise to the challenge of financing Nigeria’s productive sectors, particularly SMEs that form the backbone of the economy? Will policymakers create the right incentives to ensure credit flows where it is most needed? Will the financial system evolve from a focus on profitability to a broader commitment to the economic purpose of fostering a more productive Nigerian economy and the $1 trillion target?
The above questions are relevant because they will determine whether recapitalisation becomes a catalyst for change or a missed opportunity if not taken into cognisance. A well-capitalised banking sector is not the destination; it is the starting point. The real journey lies in building an economy where capital works, productivity rises, and growth becomes both sustainable and inclusive.
Blaise, a journalist and PR professional, writes from Lagos and can be reached via: [email protected]
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