By Dr. Tonye Clinton Jaja
Some lawyers have opined that the problem with Nigeria is not that we have a shortage of well drafted legislation/laws to drive development.
They are of the view that the problem is that the government officials who are entrusted with implementation of the said legislation/laws are not committed to implementation of the said legislation/laws.
These lawyers are of the opinion that the government officials who are entrusted with implementation of Nigerian legislation/laws are more interested in how to manipulate said legislation/laws for their own personal gains and to embezzle the public funds allocated for implementation of those legislation.
This is not just a theory, there is empirical evidence to support the view that embezzlement of public funds meant for implementation of Nigerian legislation/laws is at an all-time high.
In the 2024 rule of law index Report of the World Justice Project (WJP), Nigeria is ranked as 120 out of 140 countries when it comes to strict compliance with the Rule of Law.
In the Laws of the Federation of Nigeria, 2004 Edition, there are a total of 552 legislation/laws.
As at the year 2021, an additional 344 legislation/laws had been enacted.
As at 14th April 2025, the Voice of Nigeria (VON) announced on its website that Nigeria has a total of 777 (seven hundred and seventy-seven) legislation/laws.
“The Laws of the Federation of Nigeria (LFN) Revision Committee has reviewed 697 out of 737 laws, with 40 remaining. The committee has pledged to complete the review process by September 2025 as part of efforts to modernise, consolidate, and harmonise the country’s federal statutes.”
Over 60% of these legislation/laws are enacted for establishment of federal government agencies or statutory corporations.
This is against the backdrop of the 2011 Stephen Oronsoye Report on Rationalisation of Federal Government Ministries, Departments and Agencies (MDAs) that stated that there is a proliferation of MDAs which needs to be curtailed by reducing and scrapping mergers of the existing over 900 MDAs to 191 MDAs.
However, instead of reduction in the number of legislation/laws that establish Nigerian MDAs, there has been an increase in the number of MDAs since the year 2011.
The latest example of how government officials have dis-ingenuously utilised these legislation/laws that establish Nigerian MDAs as a conduit for embezzlement of public funds is the Students Loans Act, 2024.
“The Nigerian Education Bank Act, 1993, was the legislation that established the Nigerian Education Bank (EDUBANK). EDUBANK’s purpose was to provide educational loans to Nigerian students, researchers, and related organizations. The Act outlined the bank’s functions, including educational lending, project financing, and advisory services. The Act was subsequently repealed and re-enacted in 2024 as the Student Loans (Access to Higher Education) Act, 2024, addressing challenges encountered with the previous legislation.”
The noble objective(s) for which the said legislation/law (Student Loans (Access to Higher Education) Act, 2024 which is to provide access to higher education for students from indigent Nigerian families appears to be defeated.
We have recently read about how the Independent Corrupt Practices and Related Offences Commission (ICPC) reported that only about ₦28bn out of the total of over ₦100bn of the funds were disbursed to the final beneficiaries, the indigent students.
The allegation is that the bulk was embezzled by the government officials at various higher education institutions who were charged with disbursing the said funds.
Of course, there has been rebuttal of the ICPC report by both the ICPC and the officials of the Nigerian Education Loans Fund.
However, majority of Nigerian citizens can read between the lines!!!
The views expressed by contributors are strictly personal and not of Law & Society Magazine.
