SERAP sues Akpabio, Abbas over alleged N21m National Assembly’s running costs

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, challenging their handling of National Assembly allowances and running costs.

Filed at the Federal High Court in Abuja on Friday, the lawsuit (case number FHC/ABJ/CS/1289/2024) accuses Akpabio and Abbas of failing to address the allegedly unlawful practice of setting their own remuneration and allowances.

SERAP is seeking a court order to compel the duo to end this practice and disclose the details of the monthly running costs paid to lawmakers.

According to SERAP, former President Olusegun Obasanjo recently alleged that lawmakers set their own salaries and allowances, contrary to the guidelines of the Revenue Mobilisation Fiscal Allocation Commission (RMAFC).

The group argues that this practice breaches the Nigerian Constitution and financial regulations, specifically Rule 713, which prohibits public money from being deposited into private accounts.

The lawsuit also calls for an order to compel Akpabio and Abbas to end the practice of paying these funds into lawmakers’ personal accounts and to refer allegations of misuse to anti-corruption agencies for investigation and prosecution.

SERAP contends that such practices are inconsistent with the constitutional oath of office and international anti-corruption commitments, stressing that transparency and accountability are crucial for maintaining public trust in democratic institutions.

The suit, represented by SERAP’s lawyers Kolawole Oluwadare, Andrew Nwankwo, and Blessing Ogwuche, asserts that addressing these issues will enhance public confidence in the National Assembly and uphold the rule of law.

The suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare, Andrew Nwankwo, and Ms Blessing Ogwuche, read 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 anticorruption 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.’”

The court has yet to schedule a hearing date for the case.