Court Declares National Assembly’s N110bn SUV, Allowance Spending Unlawful

A Federal High Court in Lagos has ruled that the National Assembly’s N110 billion expenditure on sport utility vehicles (SUVs) and support allowances for lawmakers was unlawful, describing the spending as a breach of procurement laws and public trust.

In a judgment delivered on May 6, Justice Yellim Bogoro nullified the N40 billion spent on the procurement of 465 vehicles for lawmakers and the N70 billion paid as support allowances to members elected in 2023.

The suit, marked FHC/L/CS/1606/2023, was instituted by the Socio-Economic Rights and Accountability Project (SERAP) against the National Assembly.

The court also directed Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas to ensure that all future procurement processes and public expenditures by the legislature comply with due process, transparency, accountability and value-for-money principles.

Court Cites Procurement Violations

In the ruling, Justice Bogoro held that the defendants failed to demonstrate compliance with statutory procurement procedures, including competitive bidding requirements and value-for-money assessments.

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

He further noted that the lawmakers who approved the expenditure were also direct beneficiaries, describing the arrangement as a conflict of interest.

“The beneficiaries of the expenditure are the very officials approving it, and the expenditure confers direct pecuniary and material benefits. This, to my mind, constitutes a case of self-dealing and conflict of interest,” he added.

The judge said the allocation of N110 billion for lawmakers’ benefits was difficult to justify amid the country’s economic challenges and widespread hardship faced by citizens.

“I have taken judicial notice of the economic realities in Nigeria and the widespread financial hardship affecting Nigerian citizens. In this context, the allocation of N110 billion for the benefit of lawmakers demonstrates a failure to prioritise national interest,” he stated.

Legislative Autonomy Not Shield Against Illegality

Justice Bogoro rejected arguments by the defendants that the court lacked jurisdiction because of the doctrine of separation of powers.

According to him, legislative autonomy cannot be used as a shield for actions that violate the law.

“The doctrine of separation of powers does not operate as a shield for illegality. The court is concerned with the legality and constitutionality of legislative spending,” he ruled.

The court held that the expenditure violated Section 57(4) of the Public Procurement Act 2007, which requires transparency, accountability and due process in public procurement.

The judge also cited provisions of the Code of Conduct for Public Officers, noting that public officials must avoid conflicts of interest and refrain from using public office for personal benefit.

Justice Bogoro observed that the National Assembly had acknowledged that the vehicles were acquired for official purposes and that appropriated funds were used for vehicle purchases and inauguration-related expenses for newly elected members.

However, he held that the defendants failed to specifically rebut allegations contained in the suit, which the court interpreted as an admission of the claims.

The ruling stems from controversy surrounding the National Assembly’s acquisition of vehicles for lawmakers shortly after the inauguration of the 10th Assembly in 2023. In October of that year, House of Representatives spokesman Akin Rotimi confirmed that the procurement and distribution of operational vehicles to lawmakers was being carried out in phases.

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A Lagos-based journalist with a passion for disseminating factual information and a deep appreciation for good music, good food, movies, and beautiful cars. He hopes to travel the world someday, documenting its beauty and diverse cultures through his storytelling.