Abstract
ABSTRACTAfter more than half a century as a leading oil-producing nation in Africa, Nigeria followed the footsteps of most natural resources rich countries (particularly crude-oil) by establishing the Sovereign Wealth Fund (SWF). SWF is a large pool of state-owned investment fund composed of diverse financial instruments, invested in whole or in part, outside home countries. Since 2004, ‘Special funds’, of which SWF is part, have become issues of serious contention between the Federal and state governments in Nigeria. On 22 May 2011, the 36 state Governors approached the Nigerian Supreme Court, requesting the Court to use its judicial powers to squash plans by the Federal Government of Nigeria to withdraw $1 billion from the Excess Crude Account to float the planned SWF. The bone of contention surrounds issues of constitutionality, ownership and prudency in the management of the fund. Relying on extant literature, Acts of Parliament as well as commentaries, opinion pieces, editorials and news articles from Nigerian newspapers, this paper examines the controversies that surround the establishment of SWF in Nigeria within the context of the 1999 Constitution (as amended), and assesses the conflict mitigating capacity of the Nigeria’s federalism especially in the light of the nation’s fiscal practices.
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