The Socio-Economic Rights and Accountability Project (SERAP) has initiated a legal action against the Speaker of the House of Representatives, Mr. Tajudeen Abbas, and the Senate President, Mr. Godswill Akpabio.
The lawsuit is in response to what SERAP considers an unlawful plan to allocate N40 billion for the acquisition of 465 luxury and bulletproof cars for members and principal officials, along with N70 billion labeled as ‘palliatives’ for new members.
This lawsuit comes on the heels of Mr. Akpabio’s statement that the Clerk of the National Assembly had disbursed “tokens” to senators’ various bank accounts to “enjoy their holiday”, at a time when around 137 million Nigerians are facing extreme poverty.
SERAP filed the lawsuit, with reference number FHC/L/CS/1606/2023, at the Federal High Court in Lagos. The organization is seeking an order of mandamus that would compel Mr. Akpabio and Mr. Abbas to review and decrease the N40 billion budget assigned for the purchase of 465 Sports Utility Vehicles (SUVs) and bulletproof cars for members and principal officials.
Additionally, SERAP is requesting an order that prevents Mr. Akpabio and Mr. Abbas from demanding or receiving the allocated N40 billion for vehicle purchases until a comprehensive assessment of the socio-economic impact on the 137 million impoverished Nigerians is conducted in the public’s best interest.
Furthermore, SERAP is pursuing an order of mandamus that would direct Mr. Akpabio and Mr. Abbas to repeal the Supplementary Appropriation Act 2022, effectively reducing the National Assembly’s budget by N110 billion to align with the country’s current economic realities.
SERAP argues in the lawsuit that Nigerians have the right to demand transparent and faithful performance from public officials, including lawmakers, as these officials owe a fiduciary duty to the general population. The organization asserts that if the relief sought is not granted, lawmakers will proceed with spending the N110 billion, allowing apparent conflicts of interest and self-serving actions by members of the National Assembly to persist.
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SERAP also contends that it is a fundamental breach of fiduciary duties for members of the National Assembly to arbitrarily inflate their own budget and utilize these funds to cater to their own lifestyles.
The organization highlights the significant disparity between the allocated N70 billion “support allowance” for 306 new lawmakers and the N500 billion worth of palliatives budgeted for 12 million impoverished Nigerians, alongside the N40 billion assigned for the purchase of 465 SUVs and bulletproof cars for members and principal officials.
The suit filed reads in part: “The plan to spend N110bn is a fundamental breach of constitutional and international human rights obligations.”
“The planned spending of N110bn is a breach of section 57 (4) of the Public Procurement Act, 2007 which provides that: ‘All persons in whose hands public funds may be entrusted for whatever purpose should bear in mind that its utilization should be Judicious.’”
“It is also a grave violation of the public trust and constitutional oath of office for members of the National Assembly to unjustifiably increase their own budget at a time when over 137 million poor Nigerians are living in extreme poverty exacerbated by the removal of fuel subsidy.”
“Rather than exercising their constitutional and oversight functions to pursue the public interest by considering bills to improve the conditions of the over 137 million poor Nigerians who are facing the impact of the removal of fuel subsidy, the lawmakers appear to be looking after themselves.”
“According to reports, no fewer than 107 units of the 2023 model of the Toyota Landcruiser and 358 units of the 2023 model of Toyota Prado would be bought for the use of members of the Senate and the House of Representatives respectively.”
“The planned purchase is different from the official bulletproof vehicles expected to be purchased for the four presiding officers of the National Assembly.”
“The proposed spending of N110 billion by members of the National Assembly is apparently on top of the N281 billion already provided for the lawmakers in the 2023 National Assembly budget. The proposed spending is also different from the N30.17 billion budgeted for the ‘inauguration expenses’ for new members.”
“The budget for the National Assembly may further be increased as members are reportedly demanding an upward review of their salaries and allowances purportedly to offset the impact of the removal of fuel subsidy.”
“Section 14(2)(b) of the Nigerian Constitution of 1999 [as amended] provides that, ‘the security and welfare of the people shall be the primary purpose of government.”
“Under Section 16(1)(a)(b), the National Assembly has the obligations to ‘harness the resources of the nation and promote national prosperity and an efficient, a dynamic and self-reliant economy’, and to ‘secure the maximum welfare, freedom and happiness of every citizen.’”
“Cutting the N110 billion from the budget of the National Assembly would be entirely consistent with members’ constitutional oath of office, and the letter and spirit of the Nigerian Constitution, as it would promote efficient, honest, and legal spending of public money.”