The Federal High Court in Lagos has ruled that the National Assembly acted unlawfully in spending N110 billion on vehicles and allowances for lawmakers, describing the expenditure as a breach of procurement laws, constitutional principles and public trust.
In a judgment delivered by Justice Yellim Bogoro, the court held that the N40 billion spent on 465 vehicles for federal lawmakers and the N70 billion allocated as support allowances for newly elected members failed to meet the standards of transparency, accountability and due process required in the management of public funds.
The court also directed Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas to ensure that all future spending and procurement by the National Assembly strictly comply with due process and value-for-money principles.
The suit was filed by the Socio-Economic Rights and Accountability Project (SERAP), which challenged the legality of the expenditure approved in 2023 amid growing economic hardship across the country.
Justice Bogoro said the scale of the spending, coupled with the absence of evidence showing compliance with procurement procedures, made the transaction arbitrary and inconsistent with the Public Procurement Act.
She further held that the lawmakers, who approved the expenditure and stood to benefit directly from it, were involved in a clear case of self-interest and conflict of interest.
The judge noted that Nigerians were facing severe economic difficulties and questioned the decision to commit such a huge sum to lawmakers’ welfare.
According to her, public officials have a duty to place national interest above personal benefits and must exercise their powers in good faith.
“The allocation of N110 billion for the benefit of lawmakers demonstrates a failure to prioritise national interest,” the court held.
Justice Bogoro also rejected arguments that the court lacked jurisdiction because of the doctrine of separation of powers, stressing that legislative independence cannot be used as a shield against unlawful conduct.
She ruled that courts have the authority to examine the legality and constitutionality of public spending, regardless of which arm of government is involved.
On the issue of whether SERAP had the right to institute the case, the court held that public interest organisations are recognised under Nigerian law and can bring actions aimed at protecting public resources and promoting accountability.
The judge also dismissed objections over the absence of a pre-action notice, noting that exceptions exist in matters involving public interest and constitutional issues.
Reacting to the judgment, SERAP Deputy Director Kolawole Oluwadare described the ruling as a significant victory for transparency, accountability and responsible management of public resources.
Human rights lawyer Femi Falana (SAN), who was quoted in SERAP’s reaction, said the judgment reinforces the principle that public office is a public trust and that extravagant spending by public officials cannot be justified at a time of widespread economic hardship.
The court ultimately declared that the vehicle procurement scheme and support allowances violated the Public Procurement Act, the Code of Conduct for Public Officers and constitutional provisions governing public office, while ordering stricter compliance with due process in future National Assembly spending.
