The court hearing for the lawsuit has not yet been scheduled.
The Senate President, Godswill Akpabio, and the Speaker of the House of Representatives, Tajudeen Abbas, are the targets of a lawsuit brought by the Socio-Economic Rights and Accountability Project (SERAP) over “the unlawful plan to spend N40bn on 465 exotic and bulletproof cars for members and principal officials, and N70bn as “palliatives” for new members.”
The lawsuit was filed shortly after Mr. Akpabio claimed that the Clerk of the National Assembly had transferred “holiday allowances” into “different bank accounts of senators.” Nigeria’s 137 million people live in abject poverty.
In the lawsuit filed last Friday at the Federal High Court in Lagos under the case number FHC/L/CS/1606/2023, SERAP is asking for “an order of mandamus to direct and compel Mr. Akpabio and Mr. Abbas to review and reduce the N40 billion budgeted to buy 465 Sports Utility Vehicles (SUVs) and bulletproof cars for members and principal officials.”
In order to buy 465 SUVs and bulletproof cars for members and principal officials, SERAP is requesting “an order restraining Mr. Akpabio and Mr. Abbas from demanding or receiving the N40 billion until an assessment of the socio-economic impact of the spending on the 137 million poor Nigerians is carried out in the public interest.”
Additionally, SERAP is asking for “an order of mandamus to direct and compel Mr. Akpabio and Mr. Abbas to repeal the Supplementary Appropriations Act 2022 to reduce the budget for the National Assembly by N110bn to reflect the current economic realities in the country.”
According to the claim made by SERAP in the lawsuit, “Nigerians have a right to honest and faithful performance by their public officials, including lawmakers, as public officials owe a fiduciary duty to the general citizenry.”
SERAP claims that “unless the reliefs sought are granted, the lawmakers will spend the N110bn, and the travesty, and apparent conflicts of interest and self-dealing by members of the National Assembly would continue.”
Additionally, SERAP claims that “it is a fundamental breach of their fiduciary duties for members of the National Assembly to arbitrarily increase their own budget and to use the budget as a tool to satisfy the lifestyle of lawmakers.”
According to SERAP, “although N70 billion’support allowance’ is budgeted for 306 new MPs, just N500 billion in palliatives is earmarked for 12 million destitute Nigerians. Additionally, N40 billion is earmarked for the purchase of 465 SUVs and armoured vehicles for members and top officials.
Kolawole Oluwadare and Ms. Blessing Ogwuche, SERAP’s attorneys, filed a lawsuit on behalf of the organisation, which stated in part: “The plan to spend N110bn is a fundamental breach of constitutional and international human rights obligations.”
The Public Procurement Act, 2007, section 57(4), which states that “All persons in whose hands public funds may be entrusted for whatever purpose should bear in mind that its utilisation should be Judicious,” is violated by the anticipated spending of N110 billion.
Members of the National Assembly should not be allowed to unjustifiably boost their own budgets while over 137 million Nigerians are living in extreme poverty, which has been made worse by the loss of fuel subsidies. This is a significant breach of the public trust and a violation of their constitutional oath of office.
The parliamentarians “appears to be looking after themselves” rather than using their oversight and constitutional powers to ameliorate the situation of the over 137 million poor Nigerians who are suffering as a result of the loss of fuel subsidies.
“Reports” state that the 2023 models of the Toyota Landcruiser and Toyota Prado would each be purchased in quantities of 107 and 358, respectively, for usage by members of the Senate and the House of Representatives.
The intended purchase is distinct from the four presiding officers of the National Assembly’s anticipated official bulletproof vehicle purchase.
The N281 billion currently allocated for lawmakers in the 2023 National Assembly budget is reportedly in addition to the N110 billion in projected spending by National Assembly members. Also different from the N30.17 billion allocated for “inauguration expenses” for new members is the proposed spending.
“The National Assembly budget may be increased further as members are reportedly demanding an increase in their pay and benefits, ostensibly to lessen the impact of the elimination of the fuel subsidy.”
“The security and welfare of the people shall be the primary purpose of government,” states Section 14(2)(b) of the Nigerian Constitution of 1999 [as amended].
The National Assembly is required under Section 16(1)(a)(b) to “secure the maximum welfare, freedom, and happiness of every citizen” and to “harness the resources of the nation and promote national prosperity and an efficient, a dynamic, and self-reliant economy.”
“Cutting the N110 billion from the National Assembly budget would be entirely consistent with members’ constitutional oath of office, as well as the letter and spirit of the Nigerian Constitution, as it would promote efficient, honest, and legal spending of public money.”
The court hearing for the lawsuit has not yet been scheduled.
