Court voids N110bn SUV, allowance packages for federal lawmakers

By Adebola Isimijola, Lagos

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

Justice Yellim Bogoro, who delivered the judgment in Lagos, held that the National Assembly failed to demonstrate compliance with statutory procurement procedures in approving N40 billion for the purchase of vehicles and N70 billion as support allowances for legislators.

The suit was filed by the Socio-Economic Rights and Accountability Project (SERAP) in August 2023, challenging the spending at a time of widespread economic hardship across the country.

According to a statement issued by SERAP on Sunday, the court ruled that the magnitude of the expenditure and the absence of evidence of due process rendered the procurement 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,” Justice Bogoro stated.

The court also directed Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas to ensure that future procurements and expenditures by the National Assembly comply with due process, transparency, accountability and value-for-money requirements.

In the judgment, Justice Bogoro held that lawmakers who approved the expenditure were also 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,” the judge ruled.

The court further took judicial notice of the economic difficulties facing Nigerians, noting that allocating N110 billion for lawmakers’ benefits at such a period reflected a failure to prioritise national interest.

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

“The doctrine of separation of powers does not operate as a shield for illegality,” the court held.

Justice Bogoro also affirmed SERAP’s legal standing to institute the action, stressing that public interest organisations are entitled to seek judicial intervention in matters concerning accountability and constitutional compliance.

The court found that the National Assembly failed to provide credible evidence of compliance with procurement procedures, including competitive bidding requirements and value-for-money assessments.

Consequently, it declared that the N40 billion vehicle procurement plan and the N70 billion support allowance package breached provisions of the Public Procurement Act, the Code of Conduct for Public Officers and the constitutional oath of office taken by lawmakers.

Reacting to the judgment, SERAP Deputy Director, Kolawole Oluwadare, described the decision as a major victory for transparency, 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.

Human rights lawyer Femi Falana (SAN) also welcomed the ruling and urged the National Assembly to comply with the court’s decision without delay.

SERAP disclosed that it had written to Akpabio and Abbas, calling for immediate implementation of the judgment and a renewed commitment to transparency, accountability and the rule of law.

The organisation expressed optimism that compliance with the ruling would strengthen public confidence in the National Assembly and deepen constitutional governance in the country.