A civil society organisation, registered as an advocacy association of legislative drafters and civic reformers, has dragged the Nigerian Senate, the President of Nigeria, and other top officials before the Federal High Court, Abuja, over what it describes as a “constitutional and institutional failure.”
The group said the continued legislative participation of 40 Nigerian lawmakers in the ECOWAS and Pan-African Parliaments is illegal.
The group is seeking, among others, a judicial interpretation of Section 68(1)(a) and Section 12 of the 1999 Constitution (as altered), as it relates to the legitimacy of serving National Assembly members simultaneously holding seats in international legislative bodies.
The summons compelled 114 defendants—including the Senate leadership, the Clerk of the National Assembly, and all 109 Senators—to enter appearance and respond to several constitutional questions and prayers brought by the plaintiff.
The plaintiff is asking the court to determine whether the 40 lawmakers inaugurated into the 6th ECOWAS Parliament and/or the Pan-African Parliament have, by virtue of taking those seats, forfeited their positions in the Nigerian National Assembly in line with Section 68(1)(a) of the Constitution.
Alternatively, the plaintiff wants the court to declare that the legislation conferring 35 ECOWAS parliamentary seats on Nigeria is not yet constitutionally binding within the country, as it has not undergone the ratification process stipulated in Section 12 of the Constitution—which requires adoption by both the National Assembly and the State Houses of Assembly.
The suit also seeks a declaration that the continued payment of salaries and allowances to the affected lawmakers is illegal, calling for an immediate halt to such payments by the National Assembly management.
It further demands a court order compelling the Independent National Electoral Commission (INEC) to conduct bye-elections within 30 days to fill what the plaintiff insists are now constitutionally vacant seats.
In an even more dramatic turn, the group is asking for an order compelling the 109 senators to refund 78 per cent of their salaries and allowances earned between 2023 and May 2025, citing legislative absenteeism, dereliction of duty.
Also, among the reliefs sought is an order for leave to apply for a mandamus compelling the Senate to, within 48 hours, elect a Pro Tempore President of the Senate in line with its Standing Orders, citing the alleged constitutional incapacity of the current Senate President and Deputy, who are said to be frequently absent due to “conflicting international legislative commitments.”
The suit accuses the Senate of legislative paralysis, pointing to an alarming backlog of over 146 bills transmitted by the House of Representatives since 2024 that await concurrence.
It argues that the Senate’s failure to act on them constitutes a national governance emergency.
According to court filings, the plaintiff, a non-governmental organisation registered under Part D of CAMA, claims to represent over 1,000 legislative drafters and policy advocacy professionals nationwide.
It argued that its mandate includes ensuring legislative accountability and constitutional compliance in Nigeria’s democratic governance.
The group said several public appeals and open letters to the Senate and Executive arm have gone unanswered, and the failure of the Senate to act has inflicted significant hardship and constitutional deprivation on citizens and governance institutions alike.
The case is set to test the boundaries of legislative membership, dual representation, and the supremacy of Nigeria’s Constitution in the context of international parliamentary assignments.
No date has been fixed for the hearing, and none of the defendants has officially responded to the suit.
