The federal high court sitting in Lagos has ruled that the national assembly’s N110 billion spending on sport utility vehicles (SUVs) and support allowances for lawmakers was unlawful.
In a judgment delivered on May 6, Justice Yellim Bogoro nullified the N40 billion spent on the procurement of 465 vehicles and the N70 billion paid as support allowances to lawmakers elected in 2023.
The suit, marked FHC/L/CS/1606/2023, was instituted by the Socio-Economic Rights and Accountability Project (SERAP) against the National Assembly.
The court also directed Godswill Akpabio, the Senate President and Tajudeen Abbas, speaker of the house of representatives to ensure that future spending and procurement activities by the national assembly strictly comply with due process and accountability requirements.
“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 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 judge further noted that the expenditure came at a time when many Nigerians were facing severe economic 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 prioritise national interest,” he said.
Rejecting arguments that the judiciary lacked jurisdiction over legislative spending, Bogoro maintained that the principle of separation of powers could not be used to shield unlawful conduct.
“The defendants have urged the court to decline jurisdiction on grounds of legislative autonomy. It should be noted that the doctrine of separation of powers does not operate as a shield for illegality.
“It is noteworthy to state that the Court is concerned with the legality and constitutionality of legislative spending,”the judge stated.
The court also held that the expenditure breached the fiduciary duty public officials owe to citizens.
“The allocation of N110 billion for the benefit of lawmakers also undermines the fiduciary duty owed to the Nigerian people. Public office must not be used for personal enrichment. Public Officers must act within constitutional boundaries and in good faith. I hold that the conduct complained of is inconsistent with the oath of office,” Bogoro said.
The judge ruled that the National Assembly failed to provide sufficient evidence showing compliance with procurement procedures, competitive bidding requirements and value-for-money assessments.
According to the court, the defendants did not specifically rebut the allegations brought against them and were therefore deemed to have admitted them.
“I therefore hold that the proposed expenditure is in breach of Section 57(4) of the Public Procurement Act 2007. On the Code of Conduct for Public Officers, paragraph 1 of the Fifth Schedule requires that public officers shall not place themselves in a position of conflict; they shall not abuse their office for special benefit,” the judge added.
The controversy dates back to October 2023 when the House of Representatives confirmed that it had commenced a phased procurement and distribution of operational vehicles to lawmakers.
