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By Philip Nwosu
The Federal High Court in Lagos has declared unlawful the National Assembly’s controversial N110 billion expenditure on vehicles and allowances for lawmakers, ruling that the spending violated procurement laws, constitutional provisions, and the principles of public accountability.
In a landmark judgment delivered by Justice Yellim Bogoro, the court held that the allocation of N40 billion for the procurement of 465 vehicles for lawmakers and N70 billion in support allowances for newly elected members of the National Assembly breached statutory procurement standards and constituted a misuse of public resources.
The judgment was delivered in Suit No. FHC/L/CS/1606/2023 filed by the Socio-Economic Rights and Accountability Project (SERAP) against the National Assembly, following plans approved in 2023 for the expenditure.
Justice Bogoro further directed the President of the Senate, Senator Godswill Akpabio, and the Speaker of the House of Representatives, Tajudeen Abbas, to ensure that all future procurements and public expenditures by the National Assembly strictly comply with due process requirements and principles of transparency, accountability, and value for money.
The court ruled that the lawmakers failed to demonstrate compliance with the provisions of the Public Procurement Act, particularly regarding competitive bidding and value-for-money assessments.
“Looking at the magnitude of the expenditure, coupled with the absence of demonstrable due process, leads me to conclude that the procurement is arbitrary, disproportionate and inconsistent with statutory procurement standards,” the judge held.
Justice Bogoro also described the expenditure as a clear case of self-dealing and conflict of interest, noting that the beneficiaries of the spending were the same officials who approved it.
“The beneficiaries of the expenditure are the very officials approving it, and the expenditure confers direct pecuniary and material benefits. This, to my mind, constitutes a case of self-dealing and conflict of interest,” she ruled.
The court took judicial notice of the economic hardship facing Nigerians, observing that the allocation of N110 billion for lawmakers’ benefits demonstrated a failure to prioritise national interests.
According to the judgment, public office holders have a fiduciary duty to act in the public interest and not use their positions for personal enrichment.
“The allocation of N110 billion for the benefit of lawmakers undermines the fiduciary duty owed to the Nigerian people. Public office must not be used for personal enrichment,” Justice Bogoro stated.
The court rejected arguments by the National Assembly that the matter was outside judicial scrutiny because of legislative autonomy, maintaining that the doctrine of separation of powers cannot shield unlawful conduct from judicial review.
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“The court is concerned with the legality and constitutionality of legislative spending,” the judge held.
Justice Bogoro also dismissed objections challenging SERAP’s legal standing, affirming that public-interest organisations have the right to institute actions aimed at promoting transparency and accountability.
“NGOs can institute actions to protect public interest. SERAP has demonstrated sufficient interest, and the matters raised are of undeniable public concern,” she said.
The court further ruled that the case was not academic despite the fact that the funds had already been spent, stressing that declaratory reliefs could still be granted where substantial constitutional and legal questions were involved.
Having found that the expenditure violated the Public Procurement Act, the Code of Conduct for Public Officers, and the constitutional oath of office sworn by lawmakers, the court granted all the major reliefs sought by SERAP.
Reacting to the judgment, SERAP Deputy Director, Kolawole Oluwadare, described the ruling as a major victory for transparency, accountability, and responsible management of public resources.
“This landmark judgment demonstrates that public office is a public trust and that public funds must be used strictly in the public interest and in accordance with constitutional and statutory requirements,” he said.
Human rights lawyer, Chief Femi Falana (SAN), also welcomed the ruling, saying it reinforced the principle that public officials cannot justify extravagant spending while millions of Nigerians struggle with poverty.
According to him, the Revenue Mobilisation Allocation and Fiscal Commission should enforce its constitutional powers to regulate the salaries and allowances of National Assembly members.
Following the judgment, SERAP wrote to Senate President Akpabio and Speaker Abbas, urging the National Assembly to immediately comply with the court’s decision and demonstrate commitment to the rule of law.
The organisation argued that compliance with the judgment would strengthen public confidence in democratic institutions and reinforce accountability in the management of public funds.
The ruling is expected to have far-reaching implications for future legislative spending and public procurement practices, particularly at a time when Nigeria continues to grapple with economic hardship, insecurity, and growing demands for prudent management of public resources.
