The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against Senate President Godswill Akpabio and house of Representatives Speaker Tajudeen Abbas over their failure to end what it called an unlawful practice by the National Assembly of fixing its allowances and running costs.
The organisation also accused the National Assembly of failing to account for the monthly running costs paid to its members.
Akpabio and Abbas were sued for themselves and on behalf of all members of the National Assembly in the suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare, Andrew Nwankwo, and Ms. Blessing Ogwuche.
The organisation is also seeking an order of mandamus to direct and compel Akpabio and Abbas to disclose the exact amount of the monthly running costs being paid to and received by the lawmakers and the spending details of any such running costs.”
The suit read in part, “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.
“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.
“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.”
SERAP argued that the provisions of paragraph N, section 32(d) of the Third Schedule to the Nigerian Constitution 1999 [as amended] clearly make it unlawful for the National Assembly to fix its salaries, allowances and running costs.
It also argued that the alleged practice of paying running costs into the personal accounts of lawmakers is a fundamental breach of Rule 713 of the Federal Government Financial Regulations.
The suit added, “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.’
“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.’
“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.’
“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.”
However, no date has been fixed for the hearing of the suit.
