Court Declares National Assembly’s N110b SUV, Allowance Unlawful

The Federal High Court in Lagos has declared unlawful the National Assembly’s N110 billion vehicle procurement and allowance packages for lawmakers, ruling that the expenditure violated procurement regulations, constitutional provisions and principles of public accountability.

The judgment, delivered by Justice Yellim Bogoro in a suit filed by the Socio-Economic Rights and Accountability Project (SERAP), also directed Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas to ensure that future spending by the National Assembly complies with due process, transparency, accountability and value-for-money requirements.

The disclosure was contained in a statement issued on Sunday by SERAP.

The suit, instituted by SERAP in August 2023, challenged plans by the National Assembly to spend N40 billion on 465 vehicles for lawmakers and N70 billion as support allowances for newly elected members at a time of worsening economic hardship in the country.

In her ruling, Justice Bogoro held that the scale of the expenditure and the failure of the National Assembly to demonstrate compliance with procurement procedures rendered the spending unlawful.

“Looking at the magnitude of the expenditure, coupled with the absence of demonstrable due process, leads me to conclude that the procurement is arbitrary, disproportionate and inconsistent with statutory procurement standards,” the judge stated.

The court further held that the lawmakers, who approved the spending, were also its direct beneficiaries, creating a conflict of interest.

“The beneficiaries of the expenditure are the very officials approving it, and the expenditure confers direct pecuniary and material benefits. This to my mind constitutes a case of self-dealing and conflict of interest,” Justice Bogoro ruled.

The court took judicial notice of the economic realities facing Nigerians and questioned the justification for allocating such a large sum for lawmakers’ benefits amid widespread hardship.

“I have taken judicial notice of the economic realities in Nigeria and the widespread financial hardship affecting Nigerian citizens. In this context, the allocation of N110 billion for the benefit of lawmakers demonstrates a failure to prioritize national interest,” the judgment read.

Rejecting arguments by the National Assembly that the matter was protected by legislative autonomy, the court maintained that the doctrine of separation of powers could not be used to shield unlawful conduct.

“The doctrine of separation of powers does not operate as a shield for illegality,” Justice Bogoro said.

The judge also affirmed SERAP’s legal standing to institute the suit, noting that public interest organisations are entitled to seek judicial intervention in matters concerning accountability and constitutional compliance.

According to the judgment, the National Assembly failed to provide credible evidence showing compliance with procurement procedures, competitive bidding requirements or value-for-money assessments.

The court consequently declared that the proposed N40 billion expenditure on vehicles and the N70 billion support package breached the Public Procurement Act, the Code of Conduct for Public Officers and the oath of office sworn to by lawmakers.

It also ordered Akpabio, Abbas and members of both chambers to ensure that future procurements and expenditure of public funds strictly adhere to due process requirements.

Reacting to the judgment, SERAP Deputy Director, Kolawole Oluwadare, described the decision as a major victory for accountability and responsible management of public resources.

“This landmark judgment is a major victory for transparency, accountability and responsible management of public resources in Nigeria,” Oluwadare said.

He added that the ruling reinforced the principle that public funds must be managed solely in the public interest and in accordance with constitutional and statutory requirements.

Also commenting on the verdict, human rights lawyer Femi Falana (SAN) praised SERAP for pursuing the case and urged the National Assembly to comply with the court’s decision.

“The National Assembly must obey the judgment of the Court without any further delay,” Falana said.

SERAP disclosed that it has already written to Akpabio and Abbas, urging them to immediately implement the judgment and demonstrate commitment to the rule of law, transparency and accountability.

The organisation argued that compliance with the ruling would help rebuild public confidence in the National Assembly and strengthen the culture of constitutional governance in the country.