Court Declares NASS N110bn SUV, Allowance Scheme Illegal, Self-Serving

A Federal High Court in Lagos has declared the National Assembly’s N110 billion vehicle procurement and lawmakers’ allowance scheme illegal, describing it as arbitrary, self-serving, and in breach of procurement laws and constitutional standards guiding public expenditure in Nigeria.

Delivering judgment in a suit filed by the Socio-Economic Rights and Accountability Project (SERAP), Justice Yellim Bogoro of the Federal High Court held that the spending, which included N40 billion for 465 vehicles and N70 billion in support allowances for newly elected lawmakers, violated principles of transparency, accountability, and value for money.

Justice Bogoro said the arrangement amounted to self-serving, noting that lawmakers approved funds from which they directly benefited, a practice she said was inconsistent with fiduciary responsibility owed to the Nigerian public.

“The procurement is arbitrary, disproportionate and inconsistent with statutory procurement standards,” the judge held, adding that the absence of demonstrable due process rendered the expenditure unlawful.

SERAP had approached the court seeking to void the provisions of the 2022 Supplementary Appropriation Act (signed in July 2023) that authorised the controversial spending, arguing that it breached the Public Procurement Act, 2007 and provisions of the Code of Conduct for public officers.

In her ruling, Justice Bogoro agreed with SERAP, stating that the National Assembly failed to show evidence of competitive bidding, procurement compliance, or value-for-money assessment before approving the expenditure.

She further held that the doctrine of separation of powers could not be used to shield illegality, stressing that constitutional accountability applies to all arms of government without exception.

“In light of Nigeria’s worsening economic hardship, the allocation of N110 billion for lawmakers’ personal benefit demonstrates a failure to prioritise citizens’ welfare,” the court stated.

The judge also held that the lawmakers’ actions undermined public trust and violated their oath of office, noting that public funds must be managed in accordance with due process and national interest.

Justice Bogoro rejected arguments that the case was academic because the funds had already been spent, affirming that unconstitutional actions remain subject to judicial scrutiny.

She, therefore, declared both the N40 billion vehicle procurement and the N70 billion allowance scheme unlawful and ordered that future National Assembly expenditures must strictly comply with transparency and accountability standards.

Reacting to the judgment, SERAP described the ruling as a major victory for accountability and good governance, while human rights lawyer Femi Falana (SAN) said it reinforced the principle that public office cannot be used for personal enrichment amid widespread economic hardship in the country.