The Federal High Court in Lagos has declared unlawful the National Assembly's controversial N110 billion vehicle and allowance expenditure, ruling that the allocations violated procurement laws, constitutional provisions, and principles of public accountability.
Court Details Unlawful Expenditure
The court faulted the proposed spending of N40 billion for the purchase of 465 vehicles for federal lawmakers and N70 billion earmarked as support allowances for newly elected members. It described the transactions as arbitrary, excessive, and inconsistent with statutory financial regulations.
Delivering judgment in Suit No. FHC/L/CS/1606/2023, Justice Yellim Bogoro held that the procurement process failed to meet due process requirements as provided under the Public Procurement Act, 2007. The suit was instituted by the Socio-Economic Rights and Accountability Project (SERAP) against Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas over what it described as wasteful and unjustifiable spending plans approved by the National Assembly.
Conflict of Interest and Public Interest
Justice Bogoro held that the beneficiaries of the expenditure were the same public officials approving it, thereby creating a clear case of conflict of interest and self-dealing. The court further noted that the spending pattern reflected a failure to prioritise the welfare of citizens amid prevailing economic hardship in the country.
The court also affirmed that SERAP had the locus standi to institute the action, recognising the role of civil society organisations in public interest litigation aimed at promoting transparency and accountability in governance. On the issue of pre-action notice raised by the defendants, the court held that while such notices were generally required, exceptions exist in matters involving urgency and public interest, which it found applicable in the instant case.
Justice Bogoro further dismissed arguments that the suit had become academic, holding that declaratory reliefs remain valid even where contested actions had already been concluded, particularly where constitutional questions were raised.
Breach of Procurement Laws
In its substantive findings, the court ruled that the National Assembly failed to demonstrate compliance with procurement procedures, competitive bidding requirements, and value-for-money standards. It held that the expenditure breached Section 57(4) of the Public Procurement Act as well as provisions of the Code of Conduct for Public Officers.
The court consequently issued declarations that both the N40 billion vehicle procurement plan and the N70 billion allowance scheme were unconstitutional and unlawful. It also issued an order directing the leadership of the National Assembly to ensure that all future public expenditures comply strictly with due process, transparency, accountability, and fiscal responsibility.
Reactions from SERAP and Legal Experts
Reacting to the judgment, SERAP's Deputy Director, Kolawole Oluwadare, described the ruling as a major victory for accountability and responsible governance, noting that public funds must be deployed strictly in the interest of citizens. In a letter sent over the weekend to Mr Akpabio and Mr Abbas, the organisation urged the lawmakers to demonstrate commitment to the rule of law by implementing the judgment without delay, stressing that efficient management of public resources remains critical to addressing poverty, insecurity, and economic hardship in the country.
Human rights lawyer, Mr Femi Falana (SAN), also commended the judgment, urging full compliance by the National Assembly and calling for a review of remuneration structures in line with constitutional provisions.
CDHR Commends Ruling
Meanwhile, the Committee for the Defence of Human Rights (CDHR) has commended the judgment. The group described the decision as a major victory for accountability, transparency and constitutional governance. In a statement signed by its National President, Yinka Folarin, and National Secretary, Idris Afeez Olayinka, the organisation praised Justice Yellim Bogoro for what it described as a courageous and historic ruling that reaffirmed the principle that no arm of government is above the law.
