Recognizes that the National Assembly’s entire membership, as well as Akpabio and Abbas, are being sued.
The lawmakers increased their budgetary allotment to N344 billion last month from the N197 billion that President Bola Ahmed Tinubu had suggested. N514 billion will be taken by the parliamentarians overall from the 2024 budget. In 2023, the lawmakers also arbitrary raised their own budget from N169 billion to N228 billion.
The plaintiffs in the Federal High Court, Abuja, filed suit number FHC/ABJ/CS/68/2024 last Friday, want the court to rule on whether lawmakers can unilaterally increase their own budget while exercising their control over appropriation and money bills without the Executive’s budget being re-presented.
In accordance with section 81 of the Nigerian Constitution 1999 [as amended], the plaintiffs are requesting a declaration from the court that the National Assembly, in the exercise of its powers over appropriation/money bills, cannot unilaterally increase its own budget without the President’s re-presentation of the budget.
The plaintiffs are requesting that the court declare that the National Assembly’s unilateral increase in its own budget from N197 billion to N344 billion—without the President’s re-presentation of the budget—is a violation of the democratic principles of checks and balances and the separation of powers.
In order to prevent the National Assembly from unilaterally increasing its own budget in the exercise of its powers over all appropriation/money bills, the Plaintiffs are requesting “an order of perpetual injunction restraining and preventing the National Assembly from doing so without the President re-presenting such appropriation/money bills in line with the Nigerian Constitution.”
As stated in the lawsuit, the Plaintiffs contend that “it would fundamentally undermine the letter and spirit of the Nigerian Constitution, public trust, and the rule of law to allow the National Assembly to continue to unilaterally and arbitrarily increase its own budget.”
The Plaintiffs further contend that the lawmakers’ arbitrary and self-serving increase of their own allocation violates the oath of office, the democratic principles of separation of powers and checks and balances, and the Code of Conduct for Public Officers [Fifth Schedule Part 1] of the Nigerian Constitution.
The Plaintiffs contend that the National Assembly would continue to violate the law and the Nigerian Constitution at the expense of the millions of Nigerians who live in poverty if the requested reliefs are not granted.
The lawsuit, which was brought by Kolawole Oluwadare and Andrew Nwankwo on behalf of SERAP and 20 concerned Nigerians, said the following in part:
The National Assembly’s members are public servants who have taken an oath of office under the constitution to carry out their separate responsibilities in the best interests of Nigerian citizens.
“The members of the National Assembly have broken the Code of Conduct for Public Officers by arbitrarily and unilaterally raising their own budget in the Appropriations Bill 2024 without the President’s re-presentation of the budget.”
“A public officer shall not place himself in a position where his personal interest conflicts with his duties and responsibilities,” according to paragraph 1 of the Code of Conduct for Public Officers.
“Contrary to their oath of office, members of the National Assembly have prioritized private interests over the public interest and the “well-being and prosperity of the Federal Republic of Nigeria.”
The rule of law inevitably implies that a public official may only act in conformity with the law, unless the law grants him discretion; otherwise, acting could enthrone arbitrariness.
“The National Assembly’s increase and insertion of line items in the Appropriations Bill 2024 is not commensurate with the constitutional commitments to public goods and services; declining public revenue and rising public debt levels; and Nigeria’s dire economic and social realities.
On November 29, 2023, the President delivered the Appropriations Bill 2024, which contains N27.5 trillion Naira, to the National Assembly. On December 30, 2023, the National Assembly approved the N28.7 trillion Appropriations Bill 2024.
“The First and Second 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,” thereby exceeding the Appropriation Bill by N1.2 trillion while exercising their legislative powers.
On January 1, 2024, the President signed the ₦28.7 Trillion Appropriations Bill 2024 into law. There is a ₦9.18 trillion deficit in the 2024 budget.
“At the time of filing this lawsuit, the Budget/Appropriations Act of 2024 had not yet been gazetted, and access to the gazetted Act was restricted for the general public.
“The National Assembly did not submit the Appropriations Bill to the President for re-presentation before presenting the Appropriations Bill to the President for assent after adding new line items and changing the budgetary allocation to previously inserted line items to the Appropriations Bill 2024. In addition, SERAP and twenty worried Nigerians are requesting the following reliefs from the court:
- A DECLARATION that the National Assembly violated section 81 of the Nigerian Constitution 1999 [as amended], the Code of Conduct for Public Officers [Fifth Schedule Part 1] of the Nigerian Constitution, the Oath of Office [Seventh Schedule], and section 81 of the Nigerian Constitution by unilaterally increasing its budget from 197 billion Naira to 344 billion Naira in the exercise of its powers over Appropriation Bill 2024 without the President’s re-presentation of the budget.
2. AN ORDER OF PERPETUAL INJUNCTION OF THE HONOURABLE COURT prohibiting the National Assembly from unilaterally increasing the National Assembly’s budget in the exercise of its powers over all appropriation/money bills. without being re-presented by the President in accordance with section 81 of the 1999 Nigerian Constitution [as amended] and the democratic concepts of checks and balances and the division of powers.
3. AN ORDER OF THE HONOURABLE COURT ordering the National Assembly to follow section 81 of the Nigerian Constitution 1999 [as amended] in the exercise of its authority over all appropriation/money bills. To do this, the National Assembly shall forward the relevant appropriation/money bills to the President for re-presentation before the Assembly in accordance with section 81 of the Nigerian Constitution and the democratic principles of separation of powers and checks and balances.
The suit hearing has not yet been scheduled.