Mr Akpabio and Mr Abbas are sued individually and on behalf of all National Assembly members.
SERAP and 20 concerned Nigerians sued Senate President Godswill Akpabio and House Speaker Tajudeen Abbas “for unilaterally and arbitrarily increasing the allocation for lawmakers from N197 billion to N344 billion, their highest since the return of democracy in 1999.”
Mr Akpabio and Mr Abbas are sued individually and on behalf of all National Assembly members.
Last month, lawmakers increased their budget allocation from N197bn proposed by President Bola Tinubu to N344bn. The lawmakers will take N514bn from the 2024 budget. In 2023, lawmakers arbitrarily increased their budget from N169bn to N228bn.
Last Friday, the plaintiffs asked the Federal High Court, Abuja, “whether the lawmakers, in the exercise of their powers over appropriation/money bills, can unilaterally increase their own budget without the re-presentation of the budget by the Executive.”
The plaintiffs are seeking “a declaration that the National Assembly, in the exercise of its powers over appropriation/money bills, cannot unilaterally increase its own budget without the re-presentation of the budget by the President in line with section 81 of the Nigerian Constitution 1999 [as amended].”
The plaintiffs are asking for “a declaration that the action of the National Assembly, unilaterally increasing its own 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 suit seeks “an order of perpetual injunction restraining and preventing the National Assembly from unilaterally increasing its own 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 plaintiffs are arguing that: “Allowing the National Assembly to continue to unilaterally and arbitrarily increase its own budget would fundamentally undermine the letter and spirit of the Nigerian Constitution, public trust, and the rule of law.”
The plaintiffs also say that “The arbitrary and self-serving increase by the lawmakers of their own allocation offends the Code of Conduct for Public Officers [Fifth Schedule Part 1] of the Nigerian Constitution, oath of office, and the democratic principles of separation of powers and checks and balances.”
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The plaintiffs say “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.”
The suit filed by lawyers Kolawole Oluwadare and Andrew Nwankwo on behalf of SERAP and 20 concerned Nigerians stated: “Members of the National Assembly are public officers who have sworn the constitutional oath of office to perform their respective duties in the interest of Nigerian citizens.”
“The members of the National Assembly, by unilaterally and arbitrarily increasing their own budget in the Appropriation Bill 2024, without the re-presentation of the budget by the President has violated the Code of Conduct for Public Officers.”
“Paragraph 1 of the Code of Conduct for Public Officers which provides that ‘a public officer shall not put himself in a position where his personal interest conflicts with his duties and responsibilities.” ‘
“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.”
“It is a necessary implication of the rule of law that, except where the law gives a discretion to a public functionary, he can only act in accordance with the law, as to do otherwise may enthrone arbitrariness.”
“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.”
On November 29, 2023, the President presented the N27.5 trillion Naira Appropriation Bill 2024 to the National Assembly. The National Assembly passed the N28.7 Trillion Appropriation Bill 2024 on December 30, 2023.”
“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 Naira to N344.85 Billion.”
On January 1, 2024, the President signed the ₦28.7 Trillion Appropriation Bill 2024 into law. The 2024 Budget deficit is ₦9.18 Trillion.
“The Budget/Appropriation Act 2024 is yet to be gazetted as at the time of filing this suit and public access to the gazetted 2024 Budget/Appropriation Act is restricted.”
“The National Assembly after inserting new line items to the Appropriation Bill 2024 and altering the budgetary allocation to already inserted line items did not submit same to the President for re-presentation by the President before going ahead to present the Appropriation Bill to the President for assent.”
SERAP and 20 concerned Nigerians asked the court for the following reliefs:
1. A DECLARATION that the National Assembly’s unilateral increase in its budget from 197 billion Naira to 344 billion Naira in the exercise of its powers over Appropriation Bill 2024 without the President’s re-presentation is a violation of section 81 of the Nigerian Constitution 1999 [as amended], the Code of Conduct for Public Officers [Fifth Schedule Part 1], and the Oath of Office [Seventh Schedule].
2. A Permanent Injunction of the Honourable Court restraining and preventing the National Assembly from unilaterally increasing its budget in the exercise of its powers over all appropriation/money bills without the President’s re-presentation in compliance with section 81 of the Nigerian Constitution 1999 [as amended] and democratic principles of separation of powers and checks and balances.
3. An order of the Honourable Court directing, compelling, and mandating the National Assembly to comply with section 81 of the Nigerian Constitution 1999 [as amended] by sending all appropriation/money bills to the President for re-presentation before the National Assembly in accordance with the democratic principles of separation of powers and checks and balances.
Nothing has been scheduled for the suit hearing.
