September 01, (THEWILL) – The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against Senate President Godswill Akpabio and Speaker of the House of Representatives, 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”.
Akpabio and Abbas are sued for themselves and on behalf of all members of the National Assembly.
According to reports, 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).
THEWILL had reported that the lawmaker representing Kano South Senatorial District in the National Assembly, Abdurrahman Kawu Sumaila, told BBC Hausa Service that “each Senator is given N21 million every month as the cost of running his office”.
However, the Senate had in a statement issued by its Chairman of Senate Committee on Public Affairs, Yemi Adaramodu, explained that running costs were quite different from the salary and personal allowances of the lawmakers which he noted has been fixed by the Revenue Mobilisation, Allocation and Fiscal Commission (RMAFC).
Senator Adaramodu, who submitted that running costs were not peculiar to the legislature for running of their offices, further clarified that “such funds are retired by relevant officers after being used for official purposes and proof of genuine expenditure. It’s not a personal allowance or salary of the legislator”. He added that such funds were also used for constituency office staff.
The Senate spokesman, who expressed strong reservations over the narrative of wasteful spending by the Parliament, declared that “the Nigerian Senate is an Assembly of accomplished and successful professionals, administrators and captains of industries, who are not driven by these often touted egregious pecuniary bits, rather for their patriotic zeal in the nation’s quest to breathe life to Nigeria’s political and socio-economic dry bones.”
However, SERAP had on August 17, urged Senate President Godswill Akpabio and Abbas to “promptly disclose the exact amount of the monthly running costs of millions of naira currently being paid to and received by members of the National Assembly and the spending details of any such running costs”.
The latest legal action by SERAP followed the failure of the NASS leadership to account for the running cost.
In the suit number FHC/ABJ/CS/1289/2024 filed last Friday 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’.
“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.
“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 its supportive affidavit, SERAP argued: “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.
“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.
“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.”
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.
“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.”
The suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare, Andrew Nwankwo, and Ms Blessing Ogwuche reads 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 anti-corruption 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.
“The convention specifically in paragraph 1 of article 8 requires members to promote integrity, honesty and responsibility in the management of public resources.
“Nigerians have a right to scrutinise how their lawmakers spend their tax money and the commonwealth. Nigerians also have a right to honest and faithful performance by their public officials, including lawmakers.
“Ending the reported practice by lawmakers of fixing their salaries, allowances and running costs would improve public confidence in the integrity and honesty of the National Assembly.
“Constitutional oath of office requires public officials, including lawmakers to abstain from all improper acts, such as fixing their own salaries, allowances and running costs that are inconsistent with the public trust.
“It is a travesty and a fundamental breach of their fiduciary duties for members of the National Assembly to fix their own salaries, allowances and running costs.
“Rule 713 of the Federal Government Financial Regulations provides: ‘Personal money shall in no circumstances be paid into a government bank account, nor shall any public money be paid into a private bank account.
“In the Seventh Schedule to the Nigerian Constitution, lawmakers commit to strive to ‘preserve the Fundamental Objectives and Directive Principles of State Policy contained in the Constitution’, [and to] perform their ‘functions honestly, faithfully’, to act ‘always in the interest of the well-being and prosperity of Nigeria’.
“Lawmakers also commit to ‘preserve, protect and defend the Constitution of Nigeria; and abide by the Code of Conduct contained in the Fifth Schedule to the Constitution.
“SERAP notes that Section 15(5) of the Nigerian Constitution requires public institutions to abolish all corrupt practices and abuse of power. Section 16(2) of the Nigerian Constitution further provides that, ‘the material resources of the nation are harnessed and distributed as best as possible to serve the common good.
“According to our information, members of the National Assembly are currently fixing their own salaries, allowances and running costs. The running costs are reportedly paid directly into the personal accounts of members.
“Senator Kawu Sumaila, representing Kano South Senatorial District, recently disclosed in an interview with BBC Hausa that each Nigerian Senator earns at least N21 million monthly in running costs, salaries, and allowances.
“Mr Sumaila reportedly said, ‘My monthly salary is less than N1 million. After deductions, the figure comes down to a little over N600,000. Given the increase effected in the Senate, each Senator gets N21 million every month as running cost’.”
No date has been fixed for the hearing of the suit.
