Falana encouraged the RMAFC to take swift action to stop further usurpation of its constitutional powers if these actions are not swiftly corrected.
Femi Falana, a well-known human rights attorney, has criticised the National Assembly’s choice to provide its members N70 billion in palliatives, calling it illegal and disrespectful.
In a news release issued today, Falana drew attention to the flagrant violation of the pertinent provisions of the Nigerian Constitution and demanded that these contentious actions be immediately reversed.
Public uproar has been generated by the distribution of N70 billion to 306 newly elected members, in addition to the N40 billion set aside for the purchase of Sports Utility Vehicles (SUVs) and bulletproof cars for key executives and members.
Falana emphasised the callousness and insensitivity shown by the National Assembly, particularly in light of the economic struggles most Nigerians face.
Senior Advocate (SAN) claims that these rulings flagrantly violate Section 70 of the Federal Republic of Nigeria, 1999 Constitution, which specifies the proper compensation and allowances for members of the National Assembly.
Falana asserted that the judiciary had already ruled against such disproportionate allowances by citing recent court decisions, such as Monday Ubani & Anor. vs Attorney-General of the Federation & Ors and the case brought by the Socio-economic Rights Accountability Project (SERAP), Enough is Enough (EiE), and BudgIT against the National Assembly.
In both instances, the Federal High Court ruled that the National Assembly Service Commission lacked the power to choose the salaries and benefits of its members. The Revenue Mobilisation, Allocation and Fiscal Commission (RMAFC) must examine and modify salaries and allowances in order to reflect the economic realities of the nation, the court emphasised.
Falana emphasised that because the National Assembly’s conduct are unlawful and disrespectful, these judgements are still valid and legally obligatory. He urged the National Assembly’s leadership and members to stop the contentious allowances and the purchase of opulent cars.
Falana encouraged the RMAFC to take swift action to stop further usurpation of its constitutional powers if these actions are not swiftly corrected. He issued a warning that failure to do so would result in legal action being taken against the RMAFC Chairman and the leaders of both houses of the National Assembly for contempt.
The entire statement, as released by Mr. Femi Falana, Chair of the Alliance on Surviving COVID 19 and Beyond (ASCAB), is included below.
PALLIATIVE OF N110 BILLION FOR MEMBERS OF THE NATIONAL ASSEMBLY IS UNLAWFUL AND CONTEMPORARY
The members of the National Assembly, regardless of their political affiliation, colluded to violate the relevant provisions of the Federal Republic of Nigeria Constitution of 1999 by padding the Supplementary Appropriation Bill, 2023 to provide the so-called palliative of N70 billion for 306 newly elected members. This was done out of blatant insensitivity and impunity. The National Assembly has given each of the newly elected legislators N228.7 million, despite the fact that the majority of Nigerians are writhing in agony due to the severe economic hardships the ruling class has inflicted upon them.
As if that weren’t enough, the National Assembly’s members have set aside N40 billion to buy 465 Sports Utility Vehicles (SUVs) and armoured automobiles for top officials and members. However, in a nation where the National Bureau of Statistics reports that “62.9 percent of people (133 million) are multidimensionally poor,” the legislators approved the sum of N500 billion for 12 million destitute persons.
The National Assembly’s callous and insensitive actions are a clear violation of Section 70 of the Federal Republic of Nigeria’s 1999 Constitution, as amended, which states the following:
A senator or representative will receive the salary and additional benefits that the Revenue Mobilisation Allocation and Fiscal Commission deem appropriate.
The learned trial Judge, Professor Chuka Obiozor had cause to interpret the aforementioned clause of the Constitution when he held that “the national assembly service commission has no power whatsoever to fix and determine or allocate the remuneration, allowances, salaries, emoluments, or monetary values to the members of the national assembly.” The Revenue Mobilisation, Allocation and Fiscal Commission’s refusal or inaction to review and reduce the salaries and allowances of members of the national assembly is a gross violation of the 1999 Nigerian Constitution (as amended) and the commission’s own Act, according to His Lordship, who noted that “given many years of extreme poverty in the country and the inability of several state governments to pay salaries of workers and pensions.”
For the avoidance of doubt, the learned trial judge ruled that “the allowances of the members of the national assembly for wardrobe, newspapers, kitchen, travel, domestic, and constituency project allowances are never contemplated or in the intendment of the constitution which created them and specified how they can be remunerated.” In order to reflect the nation’s actual economic realities, the Court commanded the RMAFC to examine the salaries and allowances of members of the national assembly.
The Socio-economic Rights Accountability Project (SERAP), Enough is Enough (EiE), and BudgIT filed a similar lawsuit (Suit No. FHC/LA/CS/943/2019) against the National Assembly on the same grounds and before the same judge, and the Federal High Court adopted the historic decision.
It is important to note that no higher court has overturned any of the Federal High Court’s rulings. The Federal High Court and the Court of Appeal neither halted the execution of the judgements nor changed them. All members of the Federal Government’s Legislative and Executive Organs must abide by the judgements because they are valid and still in effect.
In light of the aforementioned, it is obvious that the members of the National Assembly acted illegally and disrespectfully by granting palliative allowances for themselves without the permission of the Revenue Allocation Mobilisation and Fiscal Commission. We feel forced to urge the National Assembly’s leaders and members to stop the scandalous payments and exotic car purchases since such activities cannot be justified in a democratic country that claims to uphold the rule of law.
The Revenue Allocation Mobilisation and Fiscal Commission is urged to act quickly to stop the National Assembly from further usurping its constitutional powers, nevertheless, if the unlawful judgements are not overturned. Otherwise, we will bring contempt charges against the RAMFC Chairman and the Speakers of the National Assembly’s two chambers.
