A group, Socio-Economic Rights and Accountability Project (SERAP) and 20 other concerned Nigerians have asked the Federal High Court in Abuja to declare that the National Assembly has no constitutional powers to increase its budget unilaterally.
The plaintiffs are also asking the court to determine whether the lawmakers, in the exercise of their powers over appropriation and money bills, can unilaterally increase their budget without the re-presentation of the budget by the executive.
They further prayed the court for a declaration that the action of the National Assembly, in which it unilaterally increased its budget from N197 billion to N344 billion without the re-presentation of the budget by the president, is a breach of the democratic principles of separation of powers and checks and balances.
The plaintiffs sought an order of perpetual injunction restraining and preventing the National Assembly from unilaterally increasing its budget in the exercise of its powers over all appropriation/money bills without the re-presentation of such appropriation/money bills by the president in line with the Nigerian Constitution.
The respondents in the suit are the senate president, Godswill Akpabio, and speaker of the House of Representatives, Tajudeen Abbas, who are sued for themselves and on behalf of all members of the National Assembly.
The suit was filed on behalf of SERAP and the 20 concerned Nigerians by their lawyers, Kolawole Oluwadare.
Last month, the lawmakers raised their allocation from N197bn proposed by President Bola Tinubu in the budget to N344 billion. The lawmakers will, in total, draw N514bn from the 2024 budget. The lawmakers also in 2023 arbitrarily increased their budget from the proposed initially N169 billion to N228 billion.
In an affidavit attached to suit number FHC/ABJ/CS/68/2024, the plaintiffs argued that if the lawmakers are allowed to continue to unilaterally and arbitrarily increase its budget, their action would fundamentally undermine the letter and spirit of the Nigerian Constitution, public trust, and the rule of law.
They also averred that the arbitrary and self-serving increase by the lawmakers of their allocation offends the Code of Conduct for Public Officers [Fifth Schedule Part 1] of the Nigerian Constitution, the oath of office, and the democratic principles of separation of powers and checks and balances.
The plaintiffs maintained that unless the reliefs sought are granted, the National Assembly will continue to breach the provisions of the Nigerian Constitution and the rule of law, and at the expense of millions of Nigerians living in poverty.
They also stated that members of the National Assembly have put their interest above the public interest and ‘well-being and prosperity of the Federal Republic of Nigeria’, contrary to their oath of office.
The plaintiffs submitted that it is a necessary implication of the rule of law that, except where the law gives discretion to a public functionary, he can only act by the law, as to do otherwise may enthrone arbitrariness.
They argued that “the increase and insertion of line items in the Appropriation Bill 2024 by the National Assembly is not commensurate with the constitutional commitments to public services and goods; decreasing public revenues and increasing level of public debts, and the poor economic and social realities in Nigeria.
“The President presented the Appropriation Bill 2024 made up of N27.5 trillion to the National Assembly on 29 November 2023. The National Assembly on 30th December, 2023 passed the Appropriation Bill 2024 in the sum of N28.7 trillion.
“That while exercising its legislative powers, the 1st and 2nd Defendants increased the Appropriation Bill by N1.2 trillion, wherein the 1st and 2nd Defendants unilaterally increased allocations made to the National Assembly in the Appropriation Bill 2024 presented by the President from N197,932,625,616 billion to N344.85 billion,” they said.
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