Socio-Economic Rights and Accountability Project (SERAP) has dragged the Senate President, Godswill Akpabio and the Speaker of the House of Representatives, Tajudeen Abbas, to court over the powers of the National Assembly to fix the allowances and running costs to its members.
SERAP, in the suit before the Federal High Court in Abuja, is seeking an order of mandamus to direct and compel Akpabio and Abbas to end the unlawful practice of the National Assembly fixing its remuneration and allowances, termed’ running costs’.
The organisation is also asking the court for an order of mandamus to direct and compel the leadership to disclose the monthly running costs paid to and received by the lawmakers and the spending details of any such running costs.
SERAP is also seeking an order of mandamus to direct and compel respondents to end the alleged practice of paying remuneration and allowances termed as ‘running costs’ into the personal accounts of lawmakers.
Akpabio and Abbas are sued for themselves and on behalf of all members of the National Assembly.
The plaintiff, in an affidavit attached to the suit marked FHC/ABJ/CS/1289/2024, averred that the provisions of paragraph N, section 32(d) of the Third Schedule to the Nigerian Constitution 1999 (as amended) make it unlawful for the National Assembly to fix its salaries, allowances and running costs.
The civil society organisation also argues that the alleged practice of paying running costs into the personal accounts of lawmakers is a fundamental breach of Rule 713 of the Federal Government Financial Regulations, which provides that ‘public money shall not be paid into a private bank account’.
The plaintiff further submitted that public function’ means activities in the public interest, not against it, adding that ‘’ The reports that lawmakers are fixing their salaries, allowances, and running costs amount to private self-interest or self-dealing. It is also detrimental to the public interest.’’
SERAP insisted that the constitutional oath of the office of lawmakers requires them to ensure transparency and accountability in the exact amounts of salaries, allowances, and running costs they receive.
The plaintiff also maintained that legislation at lawmakers is fixing their salaries, allowances and running costs is entirely inconsistent and incompatible with the constitutional oath of office and the object and purpose of the UN Convention against Corruption, in Nigeria is a state party.
The suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare, read in part, “Directing and compelling the lawmakers to account for and return any misused or mismanaged running costs they collected would build trust in democratic institutions and strengthen the rule of law.
“SERAP is seeking an order of mandamus to direct and compel Mr Akpabio and Mr Abbas to refer the allegations on the misuse of the running costs received by members to appropriate anti -corruption agencies for investigation and prosecution where there is relevant, admissible evidence.
“The country’s international legal obligations, especially under the UN Convention against Corruption, impose a legal commitment on public officials, including lawmakers, to discharge a public duty truthfully and faithfully.
“The convention in paragraph 1 of article 8 requires members to promote integrity, honesty, and responsibility in managing public resources.
“Nigerians have a right to scrutinise how their lawmakers spend their tax money and the commonwealth. Nigerians also have a right to honest and faithful performance by their public officials, including lawmakers.
“Ending the reported practice by lawmakers of fixing their salaries, allowances and running costs would improve public confidence in the integrity and honesty of the National Assembly.
“Constitutional oath of office requires public officials, including lawmakers, to abstain from all improper acts, such as fixing their salaries, allowances and running costs, inconsistent with the public trust.
“It is a travesty and a fundamental breach of their fiduciary duties for members of the National Assembly to fix their salaries, allowances, and running costs.
“Rule 713 of the Federal Government Financial Regulations provides: ‘Personal money shall in no circumstances be paid into a government bank account, nor shall any public money be paid into a private bank account.
“In the Seventh Schedule to the Nigerian Constitution, lawmakers commit to strive to ‘preserve the Fundamental Objectives and Directive Principles of State Policy contained in the Constitution’, (and to) perform their ‘functions honestly, faithfully’, to act ‘always in the interest of the well-being and prosperity of Nigeria’.
“Lawmakers also commit to ‘preserve, protect and defend the Constitution of Nigeria; and abide by the Code of Conduct contained in the Fifth Schedule to the Constitution.
“SERAP notes that Section 15(5) of the Nigerian Constitution requires public institutions to abolish all corrupt practices and abuse of power. Section 16(2) of the Nigerian Constitution further provides that ‘the material resources of the nation are harnessed and distributed as best as possible to serve the common good.
“According to our information, members of the National Assembly are currently fixing their salaries, allowances, and running costs. The running costs are reportedly paid directly into members’ per presents, “Senator Kawu Sumaila, representing Kano South Senatorial District, recently disclosed in an interview with BBC Hausa that each Nigerian senator earns at least N21 million monthly in running costs, salaries, and allowances.
“Mr Sumaila said, ‘My monthly salary is less than N1 million. After deductions, the figure comes down to a little over N600,000. Given the increase in the Senate, each senator gets N21 million every month as running cost,” SERAP stated. No date has been fixed for the hearing of the suit.
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