A Federal High Court in Lagos has declared unlawful the National Assembly’s controversial N110 billion expenditure on vehicles and support allowances for lawmakers, ruling that the spending violated procurement laws, constitutional provisions and the principles of accountability in public office.
In a landmark 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 purchase of 465 vehicles for legislators and N70 billion as support allowances for newly elected lawmakers failed to comply with due process requirements and amounted to a breach of public trust.
The suit was instituted by the Socio-Economic Rights and Accountability Project (SERAP) against Senate President Godswill Akpabio, Speaker of the House of Representatives Tajudeen Abbas and the National Assembly following the controversial expenditure approved in 2023.
The court further ordered the leadership of the National Assembly to ensure strict compliance with procurement laws and transparency standards in future spending.
Justice Bogoro directed Akpabio and Abbas “to ensure that all future procurements or expenditure of public funds by the National Assembly comply strictly with due process requirements and are also guided by the principles of transparency, accountability and value for money.”
The judge faulted both the scale of the expenditure and the manner in which it was approved.
“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,” she held.
The court also described the expenditure as a classic case of conflict of interest because the beneficiaries were the same officials who approved the spending.
“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.
In a strongly worded judgment, the court said the spending failed to reflect the economic realities facing millions of Nigerians 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 prioritise national interest,” the judge stated.
She further stressed that legislative autonomy could not be used as a shield against scrutiny where questions of legality and constitutionality arise.
“The doctrine of separation of powers does not operate as a shield for illegality. It is noteworthy to state that the Court is concerned on the legality and constitutionality of legislative spending,” she said.
According to the court, public officials are bound by a fiduciary duty to act in the best interest of citizens and must not use public office for personal benefit.
“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,” Justice Bogoro declared.
The court rejected objections raised by the defendants challenging SERAP’s legal standing and the competence of the suit.
Ruling on the issue, Justice Bogoro affirmed the growing recognition of public interest litigation in Nigeria.
“NGOs can institute actions to protect public interest,” she said, adding that SERAP had demonstrated “sufficient interest” in the matter because the issues raised were of significant public concern.
The court also held that failure to issue a pre-action notice was not fatal to the suit because of the public interest nature of the case and the urgency of the issues involved.
Reacting to the judgment, SERAP Deputy Director, Kolawole Oluwadare, described the ruling as “a major victory for transparency, accountability and responsible management of public resources in Nigeria.”
According to him, the judgment reinforces the principle that “public office is a public trust.”
Human rights lawyer Femi Falana (SAN) also welcomed the decision, saying SERAP “deserves commendation” for pursuing the case.
Falana maintained that the lavish spending by lawmakers at a time of severe economic hardship “cannot be justified,” while urging the Revenue Mobilisation Allocation and Fiscal Commission to fully exercise its constitutional powers regarding lawmakers’ remuneration.
The judgment is expected to intensify scrutiny of public spending by political office holders and could have far-reaching implications for future procurement and budgetary decisions by the National Assembly.
The court ultimately held that the vehicle procurement programme and support allowances violated the Public Procurement Act, the Code of Conduct for Public Officers and constitutional oath provisions, while directing the National Assembly to adhere strictly to due process and accountability standards in all future expenditures.
