A Federal High Court in Lagos has declared unlawful the National Assembly’s controversial N110 billion expenditure on vehicles and allowances for lawmakers, ruling that the spending violated procurement laws, constitutional provisions, and principles of public accountability.
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 procurement of 465 vehicles and N70 billion as support allowances for newly elected members of the National Assembly breached due process requirements and undermined public trust.
The suit was instituted by the Socio-Economic Rights and Accountability Project (SERAP) against Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas following the National Assembly’s plans in 2023 to spend the funds amid widespread economic hardship in the country.
Justice Bogoro ruled that the magnitude of the expenditure, coupled with the failure of the defendants to demonstrate compliance with procurement procedures, rendered the spending arbitrary, disproportionate, and inconsistent with statutory procurement standards.
According to the court, the lawmakers who approved the expenditure were also its direct beneficiaries, creating a clear case of self-dealing and conflict of interest.
The judge noted that allocating N110 billion for lawmakers’ benefits at a time of severe economic hardship reflected a failure to prioritise the national interest.
The court further held that the doctrine of separation of powers could not shield legislative actions from judicial scrutiny where questions of legality and constitutionality were involved.
“Public office must not be used for personal enrichment, and public officers must act within constitutional boundaries and in good faith,” Justice Bogoro stated, adding that the expenditure violated the oath of office taken by lawmakers.
Addressing objections raised by the defendants, the court affirmed SERAP’s locus standi to institute the action, noting that Nigerian law now recognises public interest litigation and allows non-governmental organisations to seek judicial intervention on matters affecting public accountability and governance
The court also dismissed arguments that the suit had become academic because the funds had already been spent. Justice Bogoro maintained that declaratory reliefs remain valid even after the completion of the disputed acts, particularly where substantial constitutional and legal issues are involved.
On the substantive issues, the court found that the defendants failed to provide evidence of competitive bidding, value-for-money assessments, or compliance with procurement regulations.
Consequently, the expenditure was held to be in breach of Section 57(4) of the Public Procurement Act 2007.
The judgment also found that the spending violated Paragraph 1 of the Fifth Schedule to the Constitution, which prohibits public officers from placing themselves in situations of conflict of interest or using their offices for personal gain.
As part of the reliefs granted, the court declared that the planned use of N40 billion for the purchase of 465 bulletproof vehicles and the allocation of N70 billion as support allowances for new lawmakers breached constitutional and statutory provisions.
Justice Bogoro subsequently ordered Akpabio, Abbas, and members of both chambers of the National Assembly to ensure that all future procurements and expenditures of public funds comply strictly with due process requirements and adhere to the principles of transparency, accountability, and value for money.
Reacting to the judgment, SERAP Deputy Director, Kolawole Oluwadare, described the decision as a major victory for transparency, accountability, and prudent management of public resources.
He said the ruling reaffirmed that public office is a public trust and that public funds must be deployed solely in the public interest.
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Human rights lawyer Femi Falana (SAN) also hailed the judgment, saying it underscored the need for public officials to avoid extravagant spending while millions of Nigerians grapple with poverty and economic hardship.
Falana urged the Revenue Mobilization Allocation and Fiscal Commission (RMAFC) to enforce its constitutional powers regarding lawmakers’ salaries and allowances, stressing that curbing wasteful expenditure would release resources needed to address critical national challenges, including insecurity.
SERAP has since called on the leadership of the National Assembly to comply fully with the judgment, arguing that obedience to the court order would strengthen public confidence in the legislature and reinforce the rule of law.
