Exclusion of south east in 22 7b loan unconstitutional

A very specific and interesting topic!

The 2022 7% Budget Support Loan (BLS) was a loan facility provided by the Federal Government of Nigeria to states and local governments to support their budgets. However, the loan was not extended to the South East region, which has been a subject of controversy and debate.

Some have argued that the exclusion of the South East region from the loan facility is unconstitutional, citing various provisions of the Nigerian Constitution. Here are some of the arguments:

1. Federal Character Principle: The Nigerian Constitution, in Section 14(3), provides that "the composition of the Government of the Federation or any of its agencies and the conduct of its affairs shall be carried out in such a manner as to reflect the federal character of Nigeria and the need to promote national unity and the well-being of all citizens." The exclusion of the South East region from the loan facility has been seen as a violation of this principle, which is intended to promote national unity and ensure that all regions have a fair share of resources.
2. Right to Equality: The Nigerian Constitution, in Section 42, provides that "a citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not be subjected to any discrimination or adverse differential treatment on any ground whatsoever." The exclusion of the South East region from the loan facility has been seen as a form of discrimination, which is prohibited by this provision.
3. Right to Fair Hearing: The Nigerian Constitution, in Section 36, provides that "in the determination of his civil rights and obligations, including any question or dispute arising from any contract or other civil obligation, a person shall be entitled to a fair hearing within a reasonable time by a court or other authority, established by law." The exclusion of the South East region from the loan facility has been seen as a denial of their right to a fair hearing, as they were not given the opportunity to participate in the decision-making process or to benefit from the loan facility.

In conclusion, while the exclusion of the South East region from the 2022 7% Budget Support Loan facility is a contentious issue, it is difficult to say definitively whether it is unconstitutional without a thorough examination of the relevant laws and facts. However, some of the arguments made above suggest that the exclusion may be seen as a violation of the Federal Character Principle, the Right to Equality, and the Right to Fair Hearing.