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Court voids NASS N110bn on SUVs, allowances in SERAP’s suit

 

By Anthony Otaru, Abuja

 

A Federal High Court in Lagos has declared unlawful the National Assembly’s controversial N110 billion expenditure on bulletproof vehicles and support allowances for lawmakers, ruling that the spending violated procurement laws, constitutional provisions and the principles of accountability in public service.

Justice Yellim Bogoro, who delivered the judgment in a suit filed by the Socio-Economic Rights and Accountability Project (SERAP), held that the allocation of N40 billion for 465 vehicles and N70 billion in allowances for newly inaugurated lawmakers amounted to unlawful and wasteful spending.

The court ruled that the expenditure breached Section 57(4) of the Public Procurement Act 2007, the Code of Conduct for Public Officers and the constitutional oath of office taken by members of the National Assembly.

“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,” Justice Bogoro held.

The judge further described the spending as a case of “self-dealing and conflict of interest,” noting that lawmakers who approved the expenditure were also direct beneficiaries.

“The beneficiaries of the expenditure are the very officials approving it, and the expenditure confers direct pecuniary and material benefits,” the court said.

Justice Bogoro also cited the country’s prevailing economic hardship, stressing that the allocation failed to reflect national priorities.

“I have taken judicial notice of the economic realities in Nigeria and the widespread financial hardship affecting Nigerian citizens. In this context, the allocation of N110 billion for the benefit of lawmakers demonstrates a failure to prioritise national interest,” she ruled.

The court dismissed the National Assembly’s argument that legislative autonomy shielded the spending from judicial scrutiny.

“The doctrine of separation of powers does not operate as a shield for illegality,” the judge declared.

Justice Bogoro subsequently ordered Senate President Godswill Akpabio, Speaker of the House of Representatives Tajudeen Abbas, and members of both chambers to ensure that all future procurement and spending of public funds strictly comply with due process, transparency, accountability, and value-for-money principles.

SERAP had filed the suit in 2023 after reports emerged that lawmakers planned to spend N110 billion on luxury vehicles and allowances despite worsening poverty and insecurity in the country.

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 in Nigeria.”

According to him, “Justice Bogoro’s judgment demonstrates that public office is a public trust and that public funds must be used strictly in the public interest.”

Human rights lawyer Femi Falana, SAN, also welcomed the verdict, saying the judgment reaffirmed that public office holders cannot continue to live in “obscene opulence” while millions of Nigerians face economic hardship.

“The National Assembly must obey the judgment of the court without delay,” Falana said.

The ruling is expected to intensify public debate over the cost of governance and legislative spending in Nigeria.

 

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