- Fixing own salaries and benefits is a breach of National Assembly members’ fiduciary duties
- Paying Running Costs Into Lawmakers’ personal accounts violates FG Financial Regulation Rule 713 provisions
Amidst controversy surrounding the National Assembly, the Socio-Economic Rights and Accountability Project (SERAP) has taken legal action against Senate President Godswill Akpabio and House of Representatives Speaker Tajudeen Abbas, alleging they have failed to address unlawful practices regarding lawmakers’ allowances and running costs.
In a lawsuit filed at the Abuja Federal High Court (FHC/ABJ/CS/1289/2024), SERAP seeks a court order compelling the defendants to disclose the exact monthly running costs paid to and received by lawmakers, as well as details of how these funds are spent.
READ ALSO: SERAP Sues Akpabio, Abbas For ‘Fixing NASS Running Costs’
SERAP argues that the Nigerian Constitution (1999, as amended) prohibits the National Assembly from fixing its own salaries, allowances, and running costs, as stated in paragraph N, section 32(d) of the Third Schedule.
Recall that former President Olusegun Obasanjo, who served as Nigeria’s democratically elected President from 1999 to 2007, recently sparked debate by declaring it ‘immoral’ for federal lawmakers to unilaterally decide their own salaries and allowances.
Obasanjo advocated for the Revenue Mobilization Allocation and Fiscal Commission (RMAFC) to take on this responsibility instead.
According to the former president, the federal lawmakers got N200 million each, and they collected it, adding that it was wrong for the lawmakers to design their salaries by themselves.
“In your own case, with all due respect, you’re not supposed to fix your salaries. But you decide what you pay yourself, the allowances that you give yourself, new paper allowances.
“You give yourself all sorts of things, and you know it is not right. It is immoral. “You’re doing it, the Senate is doing it, and you beat your chest. In some cases, the executive gives you what you’re not entitled to. You all got N200 million.”
However, to give a rebuttal, the Senate spokesman Yemi Adaramodu challenged the former President questing that anyone with credible evidence to present contrary facts, describing any suggestion that the National Assembly fixes its salaries as “uncharitable and satanic.”
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Adaramodu said the red chamber only receives the salary allocated to it by the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) in line with the constitution.
However, in same vein, SERAP whose responsibility is to promote transparency and accountability in the management of public funds has demanded that the National Assembly stand on transparency to uphold and sustain democracy.
According to some quarters, the lawsuit is a response to claims made by Obasanjo, in violation of the recommendations provided by the Revenue Mobilisation Fiscal Allocation Commission (RMAFC).
Included in the case file, SERAP demanded the release of the precise monthly running costs allocated to lawmakers, along with a comprehensive breakdown of how these funds are utilized. Advocating for any misappropriated or mismanaged running costs to be accounted for and returned, asserting that such measures would help restore public confidence in democratic institutions and reinforce 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 scrutinize 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 Case file reads in parts
