The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the Senate President, Mr. Godswill Akpabio and the Speaker of the House of Representatives, Mr. Tajudeen Abbas over their failure to end what the group called “apparently unlawful practices by the National Assembly in setting its allowances and operating expenses, and failure to account for the monthly operating expenses paid to members.”
Akpabio and Abbas were charged on their own behalf and on behalf of all members of the National Assembly.
Former President Olusegun Obasanjo recently alleged that lawmakers set their own salaries and allowances, contrary to the recommendations of the Revenue Mobilization Fiscal Allocation Commission (RMAFC).
In suit number FHC/ABJ/CS/1289/2024 filed last Friday at the Federal High Court, Abuja, SERAP sought: “an order of mandamus to direct and compel Mr Akpabio and Mr Abbas to end the apparently unlawful practice of the National Assembly of fixing remuneration and allowances referred to as ‘operating expenses’.”
SERAP is seeking: “an order of mandamus to direct and compel Mr Akpabio and Mr Abbas to disclose the exact amount of monthly operating expenses paid and received by the members of parliament, and the details of the expenditure of such operating expenses.”
SERAP also asked for: “an order of mandamus to direct and compel Mr Akpabio and Mr Abbas to end the alleged practice of paying remuneration and allowances referred to as ‘operating expenses’ into the personal accounts of members of parliament.”
In its suit, SERAP argued that: “The provisions of paragraph N, section 32(d) of the Third Schedule to the 1999 Nigerian Constitution [as amended] expressly prohibits the National Assembly from setting its salaries, allowances and operating costs.”
SERAP also argued that, “the alleged practice of depositing operational expenses into the personal accounts of members of parliament constitutes a fundamental violation of Regulation 713 of the Federal Government Financial Regulations, which states that ‘public money shall not be deposited into private bank accounts.’”
READ ALSO: SERAP Threatens to Sue Akpabio, Abass Over Confidentiality of DPR Members’ Operational Costs
According to SERAP, “‘Public function’ means activities that are in accordance with the public interest, not contrary to it. Reports that parliamentarians set their own salaries, allowances and operating expenses constitute personal interest or self-defeating actions. This is also detrimental to the public interest.”
SERAP also argued that, “The allegation that members of parliament set their own salaries, allowances and operating expenses is totally inconsistent and inconsistent with the constitutional oath of office and the objectives of the United Nations Convention Against Corruption to which Nigeria has subscribed.”
The lawsuit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare, Andrew Nwankwo and Mrs Blessing Ogwuche, reads in part: “Directing and compelling MPs to account for and return any misappropriated or mismanaged operational fees they collect will build confidence 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 allegations of misappropriation of operating expenses received by members to the appropriate anti-corruption agency for investigation and prosecution if there is relevant admissible evidence.”
The group said, “Nigerians have the right to scrutinize how their lawmakers spend their taxpayers’ and state’s money. Nigerians also have the right to honest and fair performance from public officials, including lawmakers.”
Ending the reported practice of MPs setting their salaries, allowances and operating expenses would increase public confidence in the integrity and honesty of the National Assembly.
“It would be a tragedy and a fundamental violation of their fiduciary duties for National Assembly members to set their own salaries, allowances and operating expenses.
“According to the information we received, members of the DPR are currently managing their own salaries, allowances, and operational costs. These operational costs are reportedly paid directly to the members’ personal accounts.”
A date has not been set for the lawsuit hearing.
SERAP drags Akpabio, Abbas to court for ‘fixing NASS operational costs’ first appeared on Latest Nigeria News | Headlines from Ripples Nigeria.