By Jimmy Fatunbi
The Federal High Court in Lagos has declared unlawful the National Assembly’s expenditure of N110 billion on vehicles and allowances for federal lawmakers, ruling that the spending violated procurement regulations, constitutional provisions, and principles of accountability in public office.
In a judgment delivered by Justice Yellim Bogoro in Suit No. FHC/L/CS/1606/2023, the court held that the allocation of N40 billion for the procurement of 465 vehicles and N70 billion as support allowances for newly elected legislators amounted to arbitrary and disproportionate spending that failed to comply with due process requirements.
The suit was instituted by the Socio-Economic Rights and Accountability Project following the National Assembly’s approval of the expenditure in 2023 amid widespread economic hardship in the country.
Justice Bogoro ruled that the lawmakers, being both the beneficiaries and approvers of the expenditure, created a conflict of interest and engaged in what amounted to self-dealing.
“Looking at the magnitude of the expenditure, coupled with the absence of demonstrable due process, I conclude that the procurement is arbitrary, disproportionate and inconsistent with statutory procurement standards,” the judge held.
The court further noted that the spending failed to reflect the prevailing economic realities facing Nigerians and undermined the fiduciary responsibilities of public officials.
According to the judgment, legislative autonomy cannot be used as a shield against judicial scrutiny where allegations of illegality and constitutional violations are involved.
The court subsequently directed the President of the Senate, Godswill Akpabio, and the Speaker of the House of Representatives, Tajudeen Abbas, to ensure that all future procurement processes and public expenditure by the National Assembly strictly comply with due process, transparency, accountability and value-for-money principles.
Justice Bogoro also dismissed objections raised by the defendants on jurisdiction and locus standi, affirming the right of public interest organisations such as SERAP to institute actions aimed at promoting transparency and accountability in governance.
The court held that public interest litigation has become an established feature of Nigeria’s legal system and that SERAP had demonstrated sufficient interest to challenge the expenditure.
Reacting to the judgment, SERAP Deputy Director Kolawole Oluwadare described the ruling as a major victory for transparency, accountability and prudent management of public resources.
Human rights lawyer, , also welcomed the decision, saying lawmakers’ extravagant spending could not be justified at a time of economic hardship and urging the Revenue Mobilisation Allocation and Fiscal Commission to discharge its constitutional responsibilities regarding legislators’ remuneration.
The court ultimately declared that the vehicle procurement and allowance scheme breached provisions of the Public Procurement Act, the Code of Conduct for Public Officers and constitutional oath requirements, while ordering strict adherence to legal and constitutional standards in future legislative spending.
