THE Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the Senate President, Mr. Godswill Akpabio and Speaker of House of Representatives, Mr. Tajudeen Abbas over “the failure to end the apparently unlawful practice by the National Assembly of fixing its allowances and running costs, and the failure to account for the monthly running costs paid to members.”
Mr. Akpabio and Mr. Abbas are sued for themselves and on behalf of all members of the National Assembly.
Recall that former President Olusegun Obasanjo recently alleged that the lawmakers fix their own salaries and allowances, contrary to the recommendation of the Revenue Mobilisation Fiscal Allocation Commission (RMAFC).
In the suit number FHC/ABJ/ CS/1289/2024 filed at the Federal High Court, Abuja, SERAP is seeking: “an order of mandamus to direct and compel Mr. Akpabio and Mr. Abbas to end the apparently unlawful practice of the National Assembly fixing its remuneration and allowances termed as ‘running cost’.”
SERAP is seeking: “an order of mandamus to direct and compel Mr. Akpabio and Mr. Abbas to disclose the exact amount of the monthly running costs being 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 Mr. Akpabio and Mr. Abbas to end the alleged practice of paying remuneration and allowances termed as ‘running costs’ into the personal accounts of lawmakers.”
In the suit, SERAP is arguing that: “The provisions of paragraph N, section 32(d) of the Third Schedule to the Nigerian Constitution 1999 [as amended] clearly make it unlawful for the National Assembly to fix its salaries, allowances and running costs.”
SERAP is also arguing 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.’”
According to SERAP, “‘Public function’ means activities in the public interest, not against it. The reports that lawmakers are fixing their own salaries, allowances and running costs amount to private self-interest or self-dealing. It is also detrimental to the public interest.”
SERAP said, “The constitutional oath of office of lawmakers requires them to ensure transparency and accountability in the exact amounts of salaries, allowances and running costs they receive.”
SERAP is also arguing that, “The allegations that lawmakers are fixing their own salaries, allowances and running costs are entirely inconsistent and incompatible with the constitutional oath of office and the object and purpose of the UN Convention against Corruption to which Nigeria is a state party.”
The suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare, Andrew Nwankwo, and Ms Blessing Ogwuche, 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 anticorruption 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.”
