The Federal High Court in Lagos has declared unlawful the National Assembly’s controversial N110 billion expenditure on luxury vehicles and support allowances for lawmakers, describing the spending as arbitrary, self-serving and inconsistent with constitutional and procurement requirements.
In a landmark judgment delivered by Justice Yellim Bogoro, the court held that the proposed expenditure of N40 billion for the purchase of 465 vehicles for members of the Senate and House of Representatives, alongside N70 billion earmarked as support allowances for newly elected lawmakers, violated provisions of the Public Procurement Act, the Code of Conduct for Public Officers and the oath of office sworn by legislators.
Justice Bogoro further directed Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas to ensure that all future procurements and expenditures by the National Assembly strictly comply with due process and are guided by transparency, accountability and value-for-money principles.
The judgment was delivered in Suit No. FHC/L/CS/1606/2023 filed by the Socio-Economic Rights and Accountability Project (SERAP), which challenged the legality of the spending plans approved by the National Assembly in 2023 amid widespread economic hardship across the country.
The court held that the scale of the expenditure, coupled with the failure of the National Assembly to demonstrate compliance with procurement procedures, rendered the spending 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 ruled.
The judge also described the expenditure as a clear case of conflict of interest and self-dealing, noting that the beneficiaries of the spending were the same lawmakers who approved it.
“The beneficiaries of the expenditure are the very officials approving it, and the expenditure confers direct pecuniary and material benefits. This constitutes a case of self-dealing and conflict of interest,” she stated.
Justice Bogoro observed that the allocation of N110 billion for lawmakers’ benefits came at a time when millions of Nigerians were grappling with severe economic 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 court held.
Rejecting arguments by the National Assembly that the matter was protected by legislative autonomy, the court maintained that the doctrine of separation of powers could not be used as a shield for illegality.
“The court is concerned with the legality and constitutionality of legislative spending. Where the exercise of legislative powers violates the Constitution or statutory provisions, the court not only has jurisdiction but a constitutional duty to intervene,” Justice Bogoro ruled.
The court also affirmed the right of civil society organisations to institute public interest litigation, holding that SERAP had the requisite legal standing to bring the action.
According to the judgment, the National Assembly failed to provide credible evidence that due procurement processes, competitive bidding and value-for-money assessments were conducted before the approval of the expenditure.
“The Defendants have failed to provide any credible evidence of compliance with procurement procedure, competitive bidding and value-for-money assessment. The allegations are therefore deemed admitted,” the judge said.
Consequently, the court declared that the planned N40 billion expenditure on 465 bulletproof vehicles breached Section 57(4) of the Public Procurement Act, 2007, as well as constitutional provisions relating to the Code of Conduct for Public Officers.
It also ruled that the N70 billion support allowance approved for new lawmakers violated constitutional and statutory obligations requiring public officers to act in good faith and in the public interest.
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 demonstrates that public office is a public trust and that public funds must be used strictly in the public interest and in accordance with constitutional and statutory requirements,” he said.
Human rights lawyer Femi Falana (SAN) also hailed the ruling, saying it reaffirmed that public officials could not justify extravagant spending while millions of Nigerians lived in poverty.
“The National Assembly must obey the judgment of the court without any further delay,” Falana said.
Following the judgment, SERAP has written to Akpabio and Abbas urging the leadership of the National Assembly to immediately comply with the court’s orders and demonstrate commitment to the rule of law, transparency and accountability in the management of public resources.
Among the reliefs granted, the court declared both the vehicle procurement scheme and the N70 billion support allowance unconstitutional and ordered the National Assembly to ensure that all future spending conforms with due process, accountability and value-for-money standards.
