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
Navigating Nigeria’s $1 Trillion Roadmap: Growth Indexes and PR Intelligence That Define Success in 2026
By Nosa Iyamu
As we navigate the threshold of 2026, the Nigerian economic landscape is finally shedding the “survivalist” skin that defined the previous two years. The data from 2025 paints a compelling picture of a nation pivoting toward stability. Headline inflation, which sat at a staggering 34.8% in December 2024, underwent a significant decline through 2025, cooling to 14.45% by November. This disinflationary trend, paired with economic reforms such as the Nigerian Electricity Regulatory Commission’s (NERC) aggressive reforms and strategic shifts in the Oil and Gas sector, has effectively reopened the floodgates for Foreign Direct Investment (FDI). The narrative has shifted from a desperate scramble for survival to a strategic quest for sustainability. Investors who were once hesitant are now looking at Nigeria not as a volatility risk, but as a market undergoing profound structural re-engineering. This transition is marked by a renewed focus on transparency and a commitment to market-driven policies that reward institutional resilience and long-term planning.
Building on the stability achieved last year, 2026 is projected to be a period of “Growth Consolidation.” With GDP expansion forecasted between 4.1% and 4.2% and headline inflation expected to settle into a manageable range of 12.5% to 20%, the mandate for brands should shift. It is no longer about merely surviving the storm of volatility; it is about scaling within high-impact corridors that have been cleared by these macroeconomic reforms. Strategic opportunities are ripening in four key sectors: Energy, driven by the Electricity Act 2023 and NERC’s cost-reflective market reforms; Healthcare, anchored by the landmark $5.1B Bilateral MOU between the U.S. and Nigeria; Financial Services, fueled by post-recapitalization lending power; and the Digital Economy, accelerated by the 5G rollout and the maturity of social commerce. Brands playing in these spaces and other industries must recognize that the consumer of 2026 is more discerning, having been refined by the economic hardships of the past, and will only reward businesses that offer clear value and authentic connection.
Perhaps the most pivotal anchor for 2026 is that $2 billion bilateral health Memorandum of Understanding (MOU) signed between the U.S. and Nigeria. This five-year agreement, which began its full implementation cycle in early 2026, is far more than a healthcare play; it is a massive economic stimulus and a resounding vote of global confidence in Nigeria’s institutional reforms. It signals that Nigeria is ready for high-level international cooperation and that the groundwork for a stable, productive economy is being laid. As we march toward the ambitious goal of a $1 trillion economy by 2030, visibility is no longer the endgame for any serious brand. To survive and thrive during this transition from subsistence to high productivity, brands must be deeply understood. It is about moving from the “top of mind” awareness to “top of heart” resonance, where the brand’s purpose aligns with the aspirations of a nation on the move.
In the fast-evolving communications landscape of 2026, visibility has become a cheap commodity, but clarity is a premium asset. The Public Relations industry has officially entered the era of Narrative Intelligence. Traditional Search Engine Optimization (SEO) is being rapidly superseded by Generative Engine Optimization (GEO). As consumers increasingly rely on AI agents and large language models (LLMs) rather than scrolling through pages of search results, brands must ensure they aren’t just “present” on the web—they must be cited as authoritative, credible voices by AI models. This requires a shift from keyword stuffing to high-context storytelling and data-backed authority. If an AI agent cannot summarize your brand’s value proposition accurately in two sentences, you are effectively invisible to the next generation of digital consumers. Narrative Intelligence is about ensuring your brand’s story is coherent, consistent, and machine-readable across all digital touchpoints.
However, this AI-driven world brings a darker side – the proliferation of Deepfakes and hyper-realistic misinformation. As the 2027 political cycle begins to warm up in late 2026, the Nigerian digital space could become a minefield of synthetic media designed to manipulate public opinion. For brands, this represents a significant reputational risk. PR professionals must now act as “Narrative Bodyguards,” deploying advanced AI detection tools to monitor, detect, and neutralize synthetic media before it erodes brand equity. Authenticity is no longer a buzzword or a marketing slogan; it is a defensive necessity. Brands must lean into “Responsible Communication,” ensuring that every piece of content is verifiable and that their response mechanisms for crisis management are faster than the speed of a viral deepfake. Trust, once lost in this high-speed environment, is nearly impossible to regain.
The era of the “Press Release for the sake of it” is officially dead. In 2026, Nigerian boardrooms are demanding a direct, quantifiable line between PR activity and business impact. This marks the definitive death of vanity metrics. Success is no longer measured by the thickness of a press clipping file or the number of generic “likes” on a social media post. Instead, we are seeing a shift from volume to impact, where the primary KPIs are how a campaign drives customer acquisition, increases investor interest, or improves employee retention. Measurement has shifted focus to quality over quantity; it is about the sentiment of the conversation and the conversion rate of the audience. If your PR strategy does not move the needle on the set measurable objectives, it is considered mere noise. PR is now a performance-driven discipline, integrated deeply into the sales and growth funnels of the modern Nigerian enterprise.
The age of the N100 million celebrity brand ambassador is also rapidly fading. Battle-hardened by years of economic shifts and broken promises, Nigerian consumers are increasingly skeptical of high-gloss, low-substance celebrity endorsements. In 2025, the Creator Economy has professionalized and matured. We will see the ascendancy of Niche Creators—the personal finance expert on TikTok, the sustainable farmer on YouTube, or the tech-policy analyst on Instagram. These voices offer what traditional celebrities cannot: community, deep credibility, and a mastery of their craft. Brands in 2026 will pivot toward long-term “Responsible Communication” partnerships with these creators who speak the hyper-local language of their audience. The “next big creator” is no longer a movie star; they are a subject matter expert with a loyal, high-intent community that values authentic insight over superficial fame.
While we must continue to support and prioritize independent media platforms to maintain democratic health, the reality is that traditional newsrooms continue to shrink under the weight of digital disruption. In response, savvy brands are increasingly becoming their own media houses. “Owned Media”—newsletters, podcasts, proprietary research reports, and custom-built community platforms—is the new frontier for brand storytelling. By owning the platform, brands can ensure their story is not diluted or lost in the noise of a fragmented media landscape. This allows for Direct Empathy, speaking to the consumer’s daily reality without a third-party filter. It provides Narrative Control, which is essential in an era of deepfakes, and grants Data Ownership, allowing brands to deeply understand who is engaging with their story and why. Owned media is the bridge that moves a brand from being seen to being truly understood and must be a strategy for 2026.
The 2026 landscape is a high-stakes arena of immense complexity and opportunity. With the active involvement of global powers like China, Russia, and the USA in trade and commerce, and a renewed national commitment to fighting insecurity to protect the $1 trillion goal, Nigeria is a land of profound transformation. But for a brand to capture this opportunity, it must move beyond the surface-level metrics of the past. Brands must empathize through genuine partnerships, drive cross-sector collaboration, and tell stories that resonate with the Nigerian spirit of resilience. The verdict for the year is clear: Trust is the new currency. In a world of AI-generated noise and economic restructuring, the brands that win will be those that have spent the time to build a foundation of understanding. The mandate for 2026 is simple: Don’t just show up. Ensure your audience knows exactly who you are, what you stand for, and why you are essential to their future.
Nosa Iyamu is the CEO of IVI PR
Feature/OPED
On the Gazetted Tax Laws: What if Dasuki Was Indifferent?
By Isah Kamisu Madachi
For over a week now, flipping through the pages of Nigerian newspapers, social media, and other media platforms, the dominant issue trending nationwide has been the discovery of significant discrepancies between the gazetted version of the tax laws made available to the public and what was actually passed by the Nigerian legislature.
Since this shocking discovery by a member of the House of Representatives, opinions from tax experts, public affairs analysts, activists, civil society organisations, opposition politicians, and professional bodies have been pouring in.
Many interesting events capable of burying the tempo of the debate have recently surfaced in the media, yet the tax law discussion persists due to how deeply entrenched public interest is in the contested laws.
However, while many view the issue from angles such as a breach of public trust, a violation of legislative privilege by the executive council, the passage of an ill-prepared law and so on, I see it from a different, narrower, and governance-centred perspective.
What brought this issue to public attention was an alarm raised by Abdulsammad Dasuki, a member of the House of Representatives from Sokoto State, during a plenary on December 17, 2025. He called the attention of the House to what he identified as discrepancies between the gazetted version of the tax laws he obtained from the Federal Ministry of Information and what was actually debated, agreed upon, and passed on the floors of both the House and the Senate.
He requested that the Speaker ensure all relevant documents, including the harmonised versions, the votes and proceedings of both chambers, and the gazetted copies, are brought before the Committee of the Whole for careful scrutiny. The lawmaker expressed concern over what he described as a serious breach of his legislative privilege.
Beyond that, however, my concern is about how safe and protected Nigerians’ interests are in the hands of our lawmakers at the National Assembly. This ongoing discussion raises a critical question about representation in Nigeria. Does this mean that if Dasuki had also been indifferent and had not bothered to utilise the Freedom of Information Act 2011 to obtain the gazetted version of the laws from the Federal Ministry of Information, take time to study it, and make comparisons, there would have been no cause for alarm from any of Nigeria’s 360 House of Representatives members and 109 senators? Do lawmakers discard the confidence we reposed in them immediately after election results are declared?
This debate should indeed serve a latent function of waking us up to the reality of the glaring disconnect between public interest and the interests of our representatives. The legislature in a democratic setting is a critical institution that goes beyond routine plenaries that are often uninteresting and sparsely attended by the lawmakers. It is meant to be a space for scrutiny, deliberation, and the protection of public interest, especially when complex laws with wide social consequences are involved.
We saw Ali Ndume in a short video clip that recently swept the media, furiously saying during a verbal altercation with Adams Oshiomhole over ambassadorial screening that “the Senate is not a joke.” The Senate is, of course, not a joke, and either should the entire National Assembly be.
Ideally, it should not be a joke to us or to the legislators themselves. Therefore, we should not shy away from discussing how disinterested those entrusted with the task of representing us, and primarily protecting our interests, appear to be in our collective affairs.
It is not a coincidence that even before the current debate around the tax reform law, it had continued to generate controversy since its inception. It also does not take quantum mechanics to understand that something is fundamentally wrong when almost nobody truly understands the law. Thanks to social media, I have come across numerous skits, write-ups, and commentaries attempting to explain it, but often followed by opposing responses saying that the authors either did not understand the law themselves or did not take sufficient time to study it.
The controversy around the gazetted Tax Reform Laws should not end with public outrage or media debates alone. It should force a deeper reflection on how laws are made, checked, and defended in Nigeria’s democracy. A system that relies on the alertness of one lawmaker to prevent serious legislative discrepancies is not a resilient or reliable system. Representation cannot be occasional and vigilance cannot be optional.
Nigerians deserve a legislature that safeguards their interests, not one that notices breaches only when a few individuals choose to be different and look closely. If this ongoing debate does not lead to formidable internal checks and a renewed sense of responsibility among lawmakers, then the problem is far bigger than a flawed gazette. When legislative processes fail, it is ordinary Nigerians who bear the cost through policies they did not scrutinize and consequences they did not consent to.
Isah Kamisu Madachi is a public policy enthusiast and development practitioner. He writes from Abuja and can be reached via: [email protected]
Feature/OPED
After the Capital Rush: Who Really Wins Nigeria’s Bank Recapitalisation?
By Blaise Udunze
By any standard, Nigeria’s ongoing bank recapitalisation exercise is one of the most consequential financial sector reforms since the 2004-2005 consolidation that shrank the number of banks from 89 to 25. Then, as now, the stated objective was stability to have stronger balance sheets, better shock absorption, and banks capable of financing long-term economic growth.
The Central Bank of Nigeria (CBN), in 2024, mandated a sweeping recapitalisation exercise compelling banks to raise substantially higher capital bases depending on their license categories. The categorisation mandated that every Tier-1 deposit money bank with international authorization is to warehouse N500 billion minimum capital base, and a national bank must have N200 billion, while a regional bank must have N50 billion by the deadline of 31st March 2026. According to the apex bank, the objectives were to strengthen resilience, create a more robust buffer against shocks, and position Nigerian banks as global competitors capable of funding a $1 trillion economy.
But in the thick of the race to comply and as the dust gradually settles, a far bigger conversation has emerged, one that cuts to the heart of how our banking system works. What will the aftermath of recapitalisation mean for Nigeria’s banking landscape, financial inclusion agenda, and real-sector development?
Beyond the headlines of rights issues, private placements, and billionaire founders boosting stakes, every Nigerians deserve a sober assessment of what has changed, and what still must change, if recapitalisation is to translate into a genuinely improved banking system.
The points are who benefits most from its evolution, and whether ordinary Nigerians will feel the promised transformation in their everyday financial lives, because history has taught us that recapitalisation is never a neutral policy. The fact remains that recapitalization creates winners and losers, restructures incentives, and often leads to unintended outcomes that outlive the reform itself.
Concentration Risk: When the Big Get Bigger
Recapitalisation is meant to make banks stronger, and at the same time, it risks making them fewer and bigger, concentrating power and risks in an ever-narrowing circle. Nigeria’s Tier-1 banks, those already controlling roughly 70 percent of banking assets, are poised to expand further in both balance sheet size and market influence. This deepens the divide between the “haves” and “have-nots” within the sector.
A critical fallout of this exercise has been the acceleration of consolidation. Stronger banks with ready access to capital markets, like Access Holdings and Zenith Bank, have managed to meet or exceed the new thresholds early by raising funds through rights issues and public offerings. Access Bank boosted its capital to nearly N595 billion, and Zenith Bank to about N615 billion.
In contrast, banks that lack deep pockets or the ability to quickly mobilise investors are lagging. The results always show that the biggest banks raise capital faster and cheaper, while smaller banks struggle to keep pace.
As of mid-2025, fewer than 14 of Nigeria’s 24 commercial banks met the required capital base, meaning a significant number were still scrambling, turning to rights issues, private placements, mergers, and even licensing downgrades to survive.
The danger here is not merely numerical. It is systemic: as capital becomes more concentrated, the banking system could inadvertently mimic oligopolistic tendencies, reducing competition, narrowing choices for customers, and potentially heightening systemic risk should one of these “too-big-to-fail” institutions falter.
Capital Flight or Strategic Expansion? The Foreign Subsidiary Question
One of the most contentious aspects of the recapitalisation aftermath has been the deployment of newly raised capital, especially its use outside Nigeria. Several banks, flush with liquidity from rights issues and injections, have signalled or executed investments in foreign subsidiaries and expansions abroad, like what we are experiencing with Nigerian banks spreading their tentacles to the Ivory Coast, Ghana, Kenya, and beyond. Zenith Bank’s planned expansion into the Ivory Coast exemplifies this outward push.
While international diversification can be a sound strategic move for multinational banks, there is an uncomfortable optics and developmental question here: why is Nigerian money being deployed abroad when millions of Nigerians remain unbanked or underbanked at home?
According to the World Bank, a large number of Nigeria’s adult population still lack access to formal financial services, while millions of SMEs, micro-entrepreneurs, and rural households remain on the edge, underserved by traditional banks that now chase profitability and scale.
Of a truth, redirecting Nigerian capital to foreign markets may deliver shareholder returns, but it does little in the short term to advance domestic financial inclusion, poverty reduction, or grassroots economic participation. The optics of capital flight, even when legal and strategic, demand scrutiny, especially in a nation still struggling with deep regional and demographic disparities.
Impact on Credit and the Real Economy
For the ordinary Nigerian, the most important question is simple: will recapitalisation make credit cheaper and more accessible?
History suggests the answer is not automatic. The tradition in Nigeria’s bank system is mainly to protect returns, and for this reason, many banks respond to higher capital requirements by tightening lending standards, raising interest rates, or focusing on low-risk government securities rather than private-sector loans, because raising capital is expensive, and banks are profit-driven institutions. Small and medium-sized enterprises (SMEs), often described as the engine of growth, are usually the first casualties of such risk aversion.
If recapitalisation results in stronger balance sheets but weaker lending to the real economy, then its benefits remain largely cosmetic. The economy does not grow on capital adequacy ratios alone; it grows when banks take measured risks to finance production, innovation, and consumption.
Retail Banking Retreat: Handing the Mass Market to Fintechs?
In recent years, we have witnessed one of the most striking shifts, or a gradual retreat of traditional banks from mass retail banking, particularly low-income and informal customers.
The question running through the hearts of many is whether Nigerian banks are retreating from retail banking, leaving space for fintech disruptors to fill the void.
In recent years, players like OPAY, Moniepoint, Palmpay, and a host of digital financial services arms have become de facto retail banking platforms for millions of Nigerians. They provide everyday payment services, wallet functionalities, micro-loans, and QR-enabled commerce, areas traditional banks once dominated. This trend has accelerated as banks chase corporate clients where margins are higher and risk profiles perceived as more manageable. The true picture of the financial landscape today is that the fintechs own the retail space, and banks dominate corporate and institutional finance. But it is unclear or uncertain if this model can continue to work effectively in the long term.
Despite the areas in which the Fintechs excel, whether in agility, product innovation, and customer experience, they still rely heavily on underlying banking infrastructure for liquidity, settlement, and regulatory compliance. Should the retail banking ecosystem become split between digital wallets and corporate corridors, rather than being vertically integrated within banks, systemic liquidity dynamics and financial stability could be affected.
Nigerians deserve a banking system where the comforts and conveniences of digital finance are backed by the stability, regulatory oversight, and capital strength of licensed banks, not a system where traditional banks withdraw from retail, leaving unregulated or lightly regulated players to carry that mantle.
Corporate Governance: When Founders Tighten Their Grip
The recapitalisation exercise has not been merely a technical capital-raising exercise; it has become a theatre of power plays at the top. In several banks, founders and major investors have used the exercise to increase their stakes, concentrating ownership even as they extol the virtues of financial resilience.
Prominent founders, from Tony Elumelu at UBA to Femi Otedola at First Holdco and Jim Ovia at Zenith Bank, have all been actively increasing their shareholdings. These moves raise legitimate questions about corporate governance when founders increase control during a regulatory exercise. Are they driven by confidence in their institutions, or are they fortifying personal and strategic influence amid industry restructuring?
Though there might be nothing inherently wrong with founders or shareholders demonstrating faith in their institutions, one fact remains that the governance challenge lies not simply in who holds the shares, but how decisions are made and whose interests are prioritised. Will banks maintain robust internal checks and balances, ensuring that capital deployment aligns with national development goals? The question is whether the CBN is equipped with adequate supervisory bandwidth and tools to check potential excesses if emerging shareholder concentrations translate into undue influence or risks to financial stability. These are questions that transcend annual reports; they strike at the heart of trust in the system.
Regional Disparity in Lending: Lagos Is Not Nigeria
One of the persistent criticisms of Nigerian banking is regional lending inequality. It has been said that most bank loans are still overwhelmingly concentrated in Lagos and the Southwest, despite decades of financial deepening in this region; large swathes of the North, Southeast, and other underserved regions receive disproportionately smaller shares of credit. This imbalance not only undermines inclusive growth but also fuels perceptions of economic exclusion.
Recapitalisation, in theory, should have enhanced banks’ capacity to support broader economic activity. Yet, the reality remains that loans and advances are overwhelmingly concentrated in economic hubs like Lagos.
The CBN must deploy clear incentives and penalties to encourage geographic diversification of lending. This could include differentiated capital requirements, credit guarantees, or tax incentives tied to regional loan portfolios. A recapitalised banking system that does not finance national development is a missed opportunity.
Cybersecurity, Staff Welfare, and the Technology Deficit
Beyond balance sheets and brand expansion, there is a human and technological dimension to the banking sector’s challenge. Fraud remains rampant, and one of the leading frustrations voiced by Nigerians involves failed transactions, delayed reversals, and poor digital experience. Banks can raise capital, but if they fail to invest heavily in cybersecurity, fraud detection, staff training, and welfare, the everyday customer will continue to view the banking system as unreliable.
Nigeria’s fintech revolution has thrived precisely because it has pushed incumbents to become more customer-centric, agile, and tech-savvy. If banks now flush with capital don’t channel a portion of those funds into robust IT systems, workforce development, fraud mitigation, and seamless customer service, then the recapitalisation will have achieved little beyond stronger balance sheets. In short, Nigerians should feel the difference, not merely in stock prices and market capitalisation, but in smooth banking apps, instant reversals, responsive customer care, and secure platforms.
The Banks Left Behind: Mergers, Failures, or Forced Restructuring?
With fewer than half the banks having fully complied with the recapitalisation requirements deep into 2025, a pressing question is: what awaits those that lag? Many banks are still closing capital gaps that run into hundreds of billions of naira. According to industry estimates, the total recapitalisation gap across the sector could reach as much as N4.7 trillion if all requirements are strictly enforced.
Banks that fail to meet the March 2026 deadline face a few options:
– Forced M&A. Regulators could effectively compel weaker banks to merge with stronger ones, echoing the consolidation wave of 2005 that reduced the sector from 89 to 25 banks.
– License downgrades or conversions. Some banks may choose to operate at a lower license category that demands a smaller capital base.
– Exits or closures. In extreme cases, banks that can neither raise capital nor find a merger partner might be forced out of the market.
This regulatory pressure should not be construed merely as punitive. It is part of the CBN’s broader architecture of ensuring that only solvent, well-capitalised, and risk-prepared institutions operate. However, the transition must be managed carefully to prevent contagion, protect depositors, and preserve confidence.
Why Are Tier-1 Banks Still Chasing Capital?
Perhaps the most intriguing puzzle is why some Tier-1 banks, long regarded as strong and profitable, are aggressively raising capital. Even banks thought to be among the strongest, such as UBA, First Holdco, Fidelity, GTCO, and FCMB, have struggled to close their capital gaps. UBA, for instance, succeeded in raising around N355 billion toward its N500 billion target at one point and planned additional rights issues to bridge the remainder.
This reveals another reality that capital is not just numbers on paper; it is investor confidence, market appetite, and macroeconomic stability.
One can also say that the answer lies partly in ambition to expand into new markets, infrastructure financing, and compliance with stricter global standards.
However, it also reflects deeper structural pressures, including currency depreciation eroding capital, rising non-performing loans, and the substantial funding required to support Nigeria’s development needs. Even giants are discovering that yesterday’s capital is no longer sufficient for tomorrow’s challenges.
Reform Without Deception
As the Nigerian banking sector recapitalization exercise comes to a close by March 31, 2026, the ultimate test will be whether the reforms deliver on their transformational promise.
Some of the concerns in the minds of Nigerians today will be to see a system that supports inclusive growth, equitable credit distribution, world-class customer service, and resilient financial intermediation. Or will we see a sector that, despite larger capital bases, still reflects old hierarchies, geographic biases, and operational friction? The cynic might say that recapitalisation simply made big banks bigger and empowered dominant shareholders.
But a more hopeful perspective invites stakeholders, including regulators, customers, civil society, and bankers themselves, to co-design the next chapter of Nigerian banking; one that balances scale with inclusion, profitability with impact, and stability with innovation. The difference will be made not by press releases or shareholder announcements, but by deliberate regulatory action and measurable improvements in how banks serve the economy.
For now, the capital has been raised, but the true capital that counts is the confidence Nigerians place in their banks every time they log into an app, make a transfer, or deposit their life’s savings. Only when that trust is visible in everyday experience can we say that recapitalisation has truly succeeded.
Blaise, a journalist and PR professional, writes from Lagos and can be reached via: [email protected]
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