The Socio-Economic Rights and Accountability Project (SERAP) has initiated legal action against the Senate President, Godswill Akpabio, and the Speaker of the House of Representatives, Tajudeen Abbas.
The lawsuit, filed at the Federal High Court in Abuja on August 27, 2024, concerns the alleged failure of Akpabio and Abbas to address issues related to the National Assembly’s allowances and running costs. SERAP claims that these practices are unlawful and lack transparency.
SERAP’s lawsuit, which also implicates all members of the National Assembly, seeks a court order (mandamus) to compel Akpabio and Abbas to halt the practice of the National Assembly determining its own remuneration and allowances.
Additionally, SERAP is asking the court to mandate Akpabio and Abbas to disclose the precise amounts of the monthly running costs paid to lawmakers, along with detailed records of how these funds are spent.
The lawsuit references several legal and constitutional provisions to support its claims. SERAP cites Nigeria’s obligations under the United Nations Convention against Corruption, which requires public officials to manage public resources with integrity, honesty, and responsibility.
The group argues that lawmakers’ actions, such as fixing their own salaries and allowances, breach the constitutional oath of office and undermine public trust.
Furthermore, SERAP points to specific sections of the Nigerian Constitution and the Federal Government Financial Regulations that prohibit the payment of public money into private accounts.
They argue that the current practice of depositing running costs directly into lawmakers’ personal accounts violates these regulations.
SERAP emphasises that public officials, including lawmakers, are constitutionally required to abolish corrupt practices and abuse of power, and to ensure that the nation’s resources are used for the common good.
The suit partly reads:
“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.
“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.”
It further reads:
“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.”
The court has not yet set a date for the hearing of the case.