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 the ruling delivered on May 6, Yellim Bogoro, the judge, voided the N40 billion spent on 465 vehicles and the N70 billion paid as support allowances to members elected in 2023, ruling that the disbursements breached procurement laws and public trust.
The suit marked, FHC/L/CS/1606/2023, was filed by the Socio-Economic Rights and Accountability Project (SERAP) against the national assembly.
The court also ordered Senate President Godswill Akpabio and Tajudeen Abbas, speaker of the house of representatives, 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”.
“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 said.
“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.
“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 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 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 officе.
“Now the substantive issue. It is noteworthy to state that the court is concerned with the legality and constitutionality of legislative spending. Section 57(4) of the Public Procurement Act emphasises transparency, accountability and due process in public procurement. Public Procurement must not be arbitrary, wasteful and contrary to public interest.”
The judge said by acknowledging that the vehicles were acquired for official purposes and that the appropriated funds were intended to be used judiciously, the defendants had conceded that huge sums were earmarked for the acquisition of exotic cars and the inauguration expenses of newly elected members.
The judge further held that the defendants failed to provide credible 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 levelled 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,” Bogoro said.