SERAP, 20 Nigerians Sue Akpabio, Abbas For ‘Arbitrarily’ Increasing National Assembly Budget To N344bn

The Socio-Economic Rights and Accountability Project (SERAP) and 20 concerned Nigerians have sued the Senate President, Godswill Akpabio, and Speaker of the House of Representatives, Tajudeen Abbas, for unilaterally and ‘arbitrarily’ increasing the allocation for lawmakers from N197 billion to N344bn.

The two leaders are sued for themselves and on behalf of all members of the National Assembly.

SERAP, in a statement made available to THE WHISTLER in Lagos on Sunday, said the lawmakers had last month raised their allocation from N197bn proposed by President Bola Tinubu for them in the budget to N344bn.

According to the organisation, the lawmakers will in total draw N514bn from the 2024 budget, adding that the lawmakers also in 2023 arbitrarily increased their own budget from the originally proposed N169bn to N228bn.

In the suit number FHC/ABJ/CS/68/2024 filed last Friday at the Federal High Court, Abuja, the plaintiff are asking the court to determine whether the lawmakers can unilaterally increase their own budget without the re-presentation of the budget by the Executive.

The plaintiffs are seeking the court for a declaration that the action of the National Assembly to unilaterally increase its own budget from N197 billion to N344 billion, without the re-presentation of the budget by the President is a breach of the principles of separation of powers and checks and balances.

They are also seeking an order of perpetual injunction restraining 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 1999 Nigerian Constitution (as amended).

The suit filed by their lawyers Kolawole Oluwadare and Andrew Nwankwo, read in part: “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.

“The President presented the Appropriation Bill 2024 made up of N27.5 trillion Naira to the National Assembly on 29 November 2023. The National Assembly on 30th December, 2023 passed the Appropriation Bill 2024 in the sum of N28.7 Trillion.

“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.

“The President signed the ₦28.7 Trillion Appropriation Bill 2024 into law on 1st January, 2024. The 2024 Budget is in deficit of ₦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.”

Meanwhile, no date has been fixed for the hearing of the suit.