Civil rights group, Socio-Economic Rights and Accountability Project (SERAP) has threatened to drag the leadership of the National Assembly to court if it fails to account for the monthly running costs of N21 million being paid to federal lawmakers.
SERAP made the threat in an open letter addressed to Senate President Godswill Akpabio and the Speaker of the House of Representatives, Tajudeen Abbas, giving them seven days to meet its demand.
The civil society organisation, in the letter dated August 17, 2024, and signed by its Deputy Director, Kolawole Oluwadare, argued that the oath of office sworn to by lawmakers requires them to ensure transparency and accountability in the exact amounts of salaries, allowances, and running costs they receive.
SERAP also asked Akpabio and Abbas to promptly end the alleged practice by the National Assembly of fixing its salaries, allowances and running costs in conformity with the 1999 Constitution (as amended) and the country’s international obligations.
The organisation urged them “to end the alleged practice of paying running costs into the personal accounts of lawmakers, and to refer the alleged misuse or mismanagement of the running costs to appropriate anti-corruption agencies for investigation and prosecution where there is relevant admissible evidence.”
It further urged them to promptly disclose the total running costs paid to, and received by the lawmakers and to ensure the return of any misused or mismanaged public funds.
The organisation expressed concern over the practice where lawmakers fix their salaries, allowances and running costs, and the opacity surrounding spending millions of naira in running costs.
SERAP insisted that Paragraph N, Section 32(d) of the Third Schedule to the Nigerian Constitution makes it unlawful for the National Assembly to fix its salaries, allowances and running costs.
It further maintained that if the lawmakers account for, and return any misuse or mismanage running costs collected, it would build trust in democratic institutions and strengthen the rule of law.
The organisation stated that Nigeria’s international legal obligations, especially under the UN Convention against corruption, impose a legal commitment on public officials, including lawmakers, to discharge the public duty truthfully and faithfully.
SERAP said, “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.
“The allegations also clearly amount to members taking advantage of their entrusted public positions. Ending the reported practice by lawmakers fixing their salaries, allowances, and running costs would improve public confidence in the integrity and honesty of the National Assembly.
“It would show that the Senate and House of Representatives under your leadership can focus on serving the public interest of Nigerians rather than looking after themselves.
“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.
“The National Assembly has a constitutional responsibility to combat abuse in its spending if it is to effectively exercise its oversight functions and hold the government to account.
“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.
“By exercising solid and effective leadership in this matter, the National Assembly can show Nigerians that the legislative body is a proper and accountable watchdog that represents and protects the public interest and can hold itself to account in managing public resources.
“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, members 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 ‘preserve, protect and defend the Constitution of Nigeria; and abide by the Code of Conduct contained in the Fifth Schedule to the Constitution.
“‘Public function’ means activities in the public interest, not against it. 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 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’ pet presents.”
SERAP cited a recent interview granted by lawmaker representing Kano South Senatorial District in the Senate, Senator Kawu Sumaila 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 effected, in the Senate, each senator gets N21 million every month as running cost.
“According to reports, former President Olusegun Obasanjo recently alleged that the lawmakers fix their salaries and allowances, contrary to the recommendation of the Revenue Mobilisation Fiscal Allocation Commission (RMAFC),” SERAP stated.
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