Court strikes down $110 billion National Assembly SUV and benefits expenditure

…The judge finds the expenses arbitrary, wasteful and illegal

… It states that public funds must serve national interests and not personal ones

Daud Olatunji

A Federal High Court sitting in Lagos has struck down the National Assembly’s $110 billion spending on sports utility vehicles (SUVs) and lawmakers’ support allowances, describing the spending as arbitrary, wasteful and illegal in a ruling that has triggered a new debate on public accountability.

Delivering the ruling in case FHC/L/CS/1606/2023 brought by the Socio-Economic Rights and Accountability Project (SERAP), Judge Yellim Bogoro found that the disputed expenditure did not satisfy the constitutional and statutory requirements governing public procurement and the management of public funds.

The court voided $40 billion spent on 465 vehicles for federal lawmakers and $70 billion disbursed as support allowances to members of the 2023 National Assembly, ruling that the transactions violated due process and procurement standards.

“Looking at the magnitude of the expenditure, combined with the absence of demonstrable due process, leads me to conclude that the procurement is arbitrary, disproportionate and inconsistent with legal procurement standards,” the judge said.

Judge Bogoro further found that the transaction amounted to self-dealing, noting that the lawmakers directly benefited from the funds they approved for themselves, a situation he described as a clear conflict of interest.

“The beneficiaries of the expenditure are the same officials who approve it, and the expenditure confers direct pecuniary and material benefits. This, in my opinion, constitutes a case of self-dealing and conflict of interest,” the court said.

The court also criticized the defendants for failing to provide credible evidence of compliance with tender procedures, procurement regulations and value for money requirements, adding that their defense was weak and unfounded.

It found that by failing to specifically refute the allegations, the defendants were deemed to have admitted them, ruling that the expenditure breached section 57(4) of the Public Procurement Act 2007 as well as provisions of the Code of Conduct for Public Officers.

Justice Bogoro stressed that legislative autonomy does not extend to illegality, stressing that public offices must always be exercised within constitutional boundaries and in the interest of citizens.

“The Court is concerned with the legality and constitutionality of legislative spending. Government procurement must not be arbitrary, wasteful and contrary to the public interest,” he said.

The judge also took note of Nigeria’s economic difficulties, stressing that the allocation of such a huge sum to lawmakers reflects a failure to prioritize the national interest.

“In this context, the allocation of 110 billion dollars for the benefit of legislators demonstrates the inability to prioritize the national interest,” he added.

The court subsequently ordered the leadership of the National Assembly, including Senate President Godswill Akpabio and President Tajudeen Abbas, to ensure strict adherence to procurement laws, transparency, accountability and value for money principles in future spending.

Reacting to the ruling, the Committee for the Defense of Human Rights (CDHR) described the ruling as a “historic victory” in terms of accountability, transparency and good governance.

In a statement jointly signed by its National President, Comrade Yinka Folarin, and National Secretary, Comrade Idris Afeez Olayinka, the group said the decision reaffirmed that no arm of government is above the law.

“The ruling represents a beacon of hope for Nigerians seeking responsible governance and fiscal discipline,” the group said.

The CDHR praised SERAP for bringing the lawsuit, describing it as a bold step that strengthens public interest litigation and promotes transparency in governance.

He also urged the National Assembly to fully respect the ruling and adopt more prudent management of public resources, warning that public funds must reflect the well-being of citizens amid worsening economic conditions.

The group also called on all public office holders to consider the ruling as a reminder that constitutional powers must be exercised in the interest of the people, adding that the ruling highlights the need for integrity, transparency and accountability in governance.

The ruling is expected to intensify scrutiny of legislative spending and deepen the national debate on accountability, self-enrichment and fiscal discipline within Nigeria’s democratic institutions.

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