Nigeria’s Debt Management Office (DMO) has announced a substantial increase in the nation’s total public debt, which has surged to N121.67 trillion (approximately $91.46 billion) as of March 31, 2024.

This significant rise comes against a backdrop of declining oil production, the country’s primary revenue source, and escalating economic challenges.

The latest figures reveal a significant increase in the total public debt recorded at the end of 2023, which stood at N97.34 trillion (approximately $108.23 billion). This represents an increase of N24.33 trillion or 24.99% within just three months. The primary driver behind this sharp rise is the devaluation of the naira, which has effectively reduced the debt in dollar terms by $16.77 billion or 18.34%.

Breakdown of Domestic and External Debt

As of March 31, 2024, Nigeria’s domestic debt accounted for 53.96% of the total debt, amounting to N65.65 trillion (approximately $46.29 billion). The external debt component stood at N56.02 trillion (approximately $42.12 billion). Excluding the impact of naira exchange rate movements, domestic debt saw a notable increase from N59.12 trillion at the end of December 2023 to N65.65 trillion in March 2024, an increment of N6.53 trillion or 11.05%.

The DMO attributed the increase in domestic debt to new borrowing aimed at part-financing the 2024 Budget deficit and the securitization of a portion of the N7.3 trillion Ways and Means Advances from the Central Bank of Nigeria (CBN).

The DMO’s statement elaborated: “Excluding Naira exchange rate movements in Q1 2024, only the Domestic Debt component of Total Public Debt grew from N59.12 trillion on December 31, 2023, to N65.65 trillion on March 31, 2024. The increase was from new borrowing to part-finance the 2024 Budget deficit and securitization of a portion of the N7.3 trillion Ways and Means Advances at the Central Bank of Nigeria.”

Declining Oil Production

The burgeoning debt profile comes at a time when Nigeria is grappling with a significant decline in oil production, its major source of revenue. In May 2024, Nigeria’s total oil production saw a slight uptick, rising by 1.45% to reach 1.46 million barrels per day (mbpd), compared to 1.44mbpd in April. Despite this increase, the production level still fell short of the country’s OPEC quota of 1.5mbpd and the 1.7mbpd benchmark set for the 2024 national budget. The drop in oil output has exacerbated the country’s economic vulnerabilities as it limits government revenue.

Bayo Onanuga, a presidential spokesman, highlighted the severity of the situation, noting that the government currently spends an alarming 96% of its revenue on debt servicing. This staggering figure underscores the immense financial strain on the country and raises questions about the sustainability of its debt management strategy.

Recent Borrowings

Nigeria’s public debt has also been fueled by recent borrowings totaling $4.95 billion from the World Bank over the past year. These loans, aimed at addressing critical infrastructure and social issues, include:

• A $750 million loan was approved on June 9, 2023, to enhance Nigeria’s power sector performance.
• A $500 million loan was approved on June 27, 2023, to scale up the Nigeria for Women Programme.
• A $700 million loan was granted in September 2023 for the Adolescent Girls Initiative for Learning and Empowerment project.
• A $750 million loan was approved on December 14, 2023, to boost electricity access through distributed renewable energy solutions.

The latest funding, totaling $2.25 billion, includes $1.5 billion for economic stabilization reforms and $750 million to enhance non-oil revenues and protect oil and gas revenue. Additionally, the Nigerian government anticipates further loans, including a $500 million loan to improve connectivity and market access, a $750 million loan contingent on the reintroduction of previously suspended taxes, a $500 million loan to address challenges faced by Internally Displaced Persons (IDPs), and a $2.7 billion loan from the African Development Bank (AfDB) for economic and budget support.

While the rising public debt profile has been defended by the government, referring to other countries equally borrowing, critics have argued that there is nothing tangible to show for it. They said most of the loans taken by the Nigerian government have been used to service debt, pay salaries, and fund the extravagant lifestyle of public office holders.

In a landmark ruling that has further complicated the already contentious emirship tussle in Kano State, the Federal High Court in Kano has nullified all actions taken by the Kano state government to repeal the Kano Emirates Council Law.

This decision, which has unleashed far-reaching implications for the state’s traditional leadership structure, has sparked a fresh wave of controversy, shedding light on broader issues of governance, legality, and jurisdiction in Nigeria.

The backstory

The recent legal battle stems from the Kano House of Assembly’s decision to repeal the Kano Emirates Council Law. Following this legislative action, Governor Abba Kabir Yusuf implemented the repeal by dethroning Alhaji Aminu Ado Bayero as Emir of Kano. Additionally, the governor reversed the creation of four new emirates—Bichi, Rano, Karaye, and Gaya—and sacked the emirs appointed by his predecessor, Dr. Abdullahi Umar Ganduje. The repealed law was also cited to reappoint Muhammadu Sanusi II, who had been dethroned by Ganduje in 2020, as the 16th Emir of Kano.

Aminu Babba Danagundi, the Sarkin Dawaki Babba and a kingmaker in the former Kano emirate challenged the legality of these government actions. Represented by his counsel, Chikaosolu Ojukwu (SAN), Danagundi petitioned the court to declare the government’s actions null and void, arguing that the procedures were flawed and politically motivated.

The Court’s Ruling

On Thursday, Justice Abdullahi Muhammad Liman ruled in favor of Danagundi, setting aside the Kano state government’s actions and ordering all parties to maintain the status quo. Justice Liman criticized the defendants for disregarding an interim court order and emphasized the need for adherence to legal processes.

Justice Liman said the defendants were aware of the interim order granted by the court but chose to ignore it and went ahead with the implementation of the law. He further warned that he would assume his coercive powers to enforce compliance with his order, highlighting the judiciary’s role in upholding the rule of law.

However, due to his recent elevation to the Court of Appeal, Justice Liman transferred the case to Justice Simon Amobeda for continuation.

The Judgment’s Controversy and Jurisdiction Issue

The ruling has ignited significant controversy, with critics labeling it a “black market judgment”, which appears to have cast fresh stench on the Nigerian judiciary.

The issue of jurisdiction has been a central point of contention throughout the legal tussle. Legal experts assert that the Federal High Court lacks jurisdiction over matters related to emirship, traditionally considered outside its purview.

Earlier, rights activist and senior lawyer Femi Falana, SAN, had strongly criticized the Federal High Court’s intervention.

“The intervention of the Federal High Court in the dispute arising from the deposition of Emir Ado Bayero & co as well as the restoration of Emir Sanusi Lamido Sanusi is a brazen repudiation of the decision of the Supreme Court,” Falana said.

Citing the case of Tukur versus the Government of Gongola State (1987), Falana recalled the apex court ruling that “The question raised in this claim is not a fundamental right question” because “the right to be Emir is not guaranteed by the Fundamental Rights provisions of the Constitution and the Federal High Court has no jurisdiction whatever in the matter.”

The Kano state government has accused former Governor Umar Ganduje of using federal influence to manipulate the court’s judgment. This accusation adds another layer of political intrigue to the legal proceedings, suggesting that the battle over the emirship is as much about political power as it is about traditional leadership.

Last week, the Federal High Court in Kano ruled against the Kano State government and others challenging the court’s jurisdiction over the matter. Delivering the ruling on jurisdiction, Justice Abdullahi M. Liman held that the court has jurisdiction to entertain issues concerning the applicant’s fundamental human rights, relying on Section 42 sub-section 1 and Section 315 of the 1999 Constitution as amended.

But Falana further noted that since the apex court has ruled that the right to be an emir is not a fundamental right under Chapter Four of the Constitution, the Federal High Court in Kano should have declined jurisdiction. He argued that the allegation of infringement of fundamental rights was ancillary to the substantive reliefs concerning the deposition and reinstatement of the embattled emirs.

The controversial court ruling is seen as a reflection of broader issues within the Nigerian judiciary. The Kano and Federal High Courts have been issuing conflicting orders on the emirship dispute. The case has highlighted the perception of judicial overreach, prompting critical concerns about the integrity of the Nigerian judiciary.

Legal experts believe the judgment has significant implications for the Nigerian judiciary, particularly as it overrules the precedent set by the Supreme Court.

“Today in Kano, Abdullahi Liman, a judge of the Federal High Court, has overruled longstanding Supreme Court precedent, assumed jurisdiction he does not have to grant reliefs the parties did not ask for in exercise of powers that he lacks. Anyone who does this is a rogue, not a judge,” Human rights activist and lawyer, Chidi Odinkalu, said.