*Pix above(l-r): Akpabio and Abbas and their bullet-proof SUVs(m)
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Nigeria’s Senate President Akpabio and House of Reps Speaker Abbas have been dragged to court for increasing National Assembly budget by N147bn…amidst ravaging hunger among their constituents.
Socio-Economic Rights and Accountability Project (SERAP) and 20 concerned Nigerians filed a lawsuit against them for this singular act of inconsideration.
The group is suing the lawmakers for unilaterally and arbitrarily increasing the allocation for lawmakers from N197bn to N344bn, and addition of N147bn, their highest since the return of democracy in 1999.”
This was disclosed in a statement issued by SERAP’s Deputy Director, Kolawole Oluwadare, on Sunday.
SERAP is asking the court to determine “whether the lawmakers, in the exercise of their powers over appropriation/money bills, can unilaterally increase their budget without the re-presentation of the budget by the Executive.”
The development followed a report that lawmakers had last month raised their allocation from N197bn proposed by President Bola Tinubu in the budget to N344bn.
SERAP claimed that the lawmakers will in total draw N514bn from the 2024 budget, saying the lawmakers had, in 2023, arbitrarily increased their own budget from the originally proposed N169bn to N228bn.
The organization wants the court to declare that the action of the National Assembly in increasing its own budget is a breach of the democratic principles of separation of powers and checks and balances.
SERAP further wants the court to issue an order of perpetual injunction restraining and preventing the National Assembly from unilaterally increasing its budget without the re-presentation of such by the President in line with the Nigerian Constitution.
The suit reads inter alia: “Members of the National Assembly are public officers who have sworn the constitutional oath of office to perform their respective duties in the interest of Nigerian citizens.
“The members of the National Assembly, by unilaterally and arbitrarily increasing their own budget in the Appropriation Bill 2024, without the re-presentation of the budget by the President has violated the Code of Conduct for Public Officers.
“Paragraph 1 of the Code of Conduct for Public Officers which provides that ‘a public officer shall not put himself in a position where his personal interest conflicts with his duties and responsibilities.’
“Members of the National Assembly have put their interest above the public interest and ‘well-being and prosperity of the Federal Republic of Nigeria’, contrary to their oath of office.
“It is a necessary implication of the rule of law that, except where the law gives a discretion to a public functionary, he can only act in accordance with the law, as to do otherwise may enthrone arbitrariness.
“The increase and insertion of line items in the Appropriation Bill 2024 by the National Assembly is not commensurate with the constitutional commitments to public services and goods; decreasing public revenues and increasing level of public debts, and the poor economic and social realities in Nigeria.”
“The President presented the Appropriation Bill 2024 made up of N27.5 trillion Naira to the National Assembly on 29 November 2023. The National Assembly on 30th December, 2023 passed the Appropriation Bill 2024 in the sum of N28.7 Trillion.”
“That while exercising its legislative powers, the 1st and 2nd Defendants increased the Appropriation Bill by N1.2 Trillion, wherein the 1st and 2nd Defendants unilaterally increased allocations made to the National Assembly in the Appropriation Bill 2024 presented by the President from N197,932,625,616 Billion Naira to N344.85 Billion.”
“The President signed the ₦28.7 Trillion Appropriation Bill 2024 into law on 1st January, 2024. The 2024 Budget is in deficit of ₦9.18 Trillion.”
“The Budget/Appropriation Act 2024 is yet to be gazetted as at the time of filing this suit and public access to the gazetted 2024 Budget/Appropriation Act is restricted.”
“The National Assembly after inserting new line items to the Appropriation Bill 2024 and altering the budgetary allocation to already inserted line items did not submit same to the President for re-presentation by the President before going ahead to present the Appropriation Bill to the President for assent.”
No date has been fixed for the hearing of the suit./PLEASE SHARE
*Tags: SERAP, Sen President Godswill Akpabio, Speaker Tajudeen Abbas
