Court of appeal reinstates NGCDF, overturns high court ruling

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The Court of Appeal has reinstated the National Government Constituency Development Fund (NGCDF) Act, 2015, overturning a High Court decision that had declared the entire law unconstitutional.

In a landmark judgment delivered on Thursday, February 6, 2026, the appellate court set aside the High Court ruling issued on September 20, 2024, finding that the decision to nullify the entire Act was legally unsustainable.

In Courts.

The judges faulted the High Court for adopting an extreme remedy.

“The remedy of striking down the entire NGCDF Act, 2015 was disproportionate and inconsistent with the principle of severability,"documents read.

The Court of Appeal ruled that the fund does not undermine the constitutional architecture of devolution, finding that NGCDF remains a lawful instrument through which the national government implements national functions at the constituency level.

On the doctrine of separation of powers, the court rejected the High Court’s findings, ruling that Members of Parliament do not exercise impermissible control over the fund. 

The judges held that, with one exception, the law passes constitutional muster.

“Contrary to the finding by the High Court, except for its Section 43(9), the NGCDF Act, 2015 does not violate the doctrine of separation of powers,”the documents read.

However, the appellate judges struck down Section 43(9) of the Act, which ties the term of the Fund Manager to the life of Parliament, finding that the provision impermissibly links fund administration to the political cycle.

In setting aside the earlier judgment in its entirety, the court emphasized:

“In conclusion, we determine that the High Court was wrong in invalidating the entire NGCDF Act, 2015. 

"We set aside the judgment and decree issued on 20th September 2024,"it stated.

The decision preserves the NGCDF framework while requiring limited legislative correction, bringing to an end months of uncertainty over the future of the fund.

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