- Socio-Economic Rights and Accountability Project (SERAP) reported that National Assembly members are allegedly determining their salaries and allowances, with running costs being paid directly into their personal accounts
- The organisation filed legal action against Senate President Akpabio and House Speaker Abbas for the alleged misuse of public funds
- The lawsuit demanded transparency and accountability in the management of lawmakers' allowances and running costs
The Socio-Economic Rights and Accountability Project (SERAP) has filed a legal action against Senate President Godswill Akpabio and House of Representatives Speaker Tajudeen Abbas, alleging that the National Assembly's practice of setting its own allowances and running costs lacks transparency and accountability.
The case, identified as FHC/ABJ/CS/1289/2024, was filed at the Federal High Court in Abuja on Friday, August 30.
The lawsuit read, “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.
This came in response to former President Olusegun Obasanjo's allegations that lawmakers have been setting their own salaries and allowances, ignoring the recommendations of the Revenue Mobilisation Fiscal Allocation Commission (RMAFC).
SERAP demands full transparency on lawmakers' running costs
The organisation requested a full disclosure of the specific monthly running costs given to lawmakers and a detailed account of their expenditure.
According to SERAP, the practice of transferring running costs into the personal accounts of legislators violates Rule 713 of the Federal Government Financial Regulations, which bans the deposit of public money into private accounts.
“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.”
SERAP claimed that this practice violates the Nigerian Constitution and the United Nations Convention against Corruption, which Nigeria has committed to upholding.
SERAP highlights law that mandates elimination of corrupt practices
“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.
The lawsuit pointed out that the constitutional oath sworn by legislators, which requires them to act with transparency and accountability, ensures their conduct benefits the public rather than serving personal interests.
“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.
“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,” it added.
SERAP calls for return of mismanaged running costs
SERAP claimed that the reported practice of lawmakers establishing their own salaries and allowances undermines public trust in the National Assembly and contradicts the principles of effective governance.
SERAP further called for a thorough accounting and return of any misused or mismanaged running costs, contending that such measures would restore public faith in democratic institutions and bolster the rule of law.
“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 ₦21 million monthly in running costs, salaries, and allowances.
“Mr Sumaila reportedly said, ‘My monthly salary is less than ₦1 million. After deductions, the figure comes down to a little over ₦600,000. Given the increase effected in the Senate, each senator gets ₦21 million every month as running cost.”
Improving transparency will boost public trust, SERAP
The organisation requested a court order to mandate Akpabio and Abbas to forward allegations of running costs misuse to relevant anti-corruption agencies for investigation and potential prosecution.
The legal action pointed out the critical need for public officials, including lawmakers, to uphold the highest standards of integrity and accountability in managing public funds.
“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.
The lawsuit also emphasised the need for transparency in the allocation of taxpayer money, asserting that Nigerians have the right to review how their lawmakers utilise public funds.
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,” the lawsuit stated.
“Ridiculous, irresponsible”: Akpabio’s banditry blame on national anthem backfires, Nigerians react
Meanwhile, TheRadar earlier reported that Godswill Akpabio, president of the Nigerian Senate, drew the ire of Nigerians with the comments he made concerning the spate of banditry and insecurity in Nigeria, suggesting that a change of national anthem was the cause.
Nigerians were not reluctant to respond to Akpabio’s comments on the old national anthem.