Court declares N110bn National Assembly vehicle, allowance scheme unlawful

Crime Diary

LAGOS, Nigeria (NPA) — The Federal High Court sitting in Lagos has, in a landmark judgment, declared unlawful the National Assembly’s controversial ₦110 billion vehicle and allowance scheme, ruling that the spending of ₦40 billion on 465 vehicles for lawmakers and ₦70 billion in support allowances for newly elected members breached procurement laws, constitutional obligations, and the public trust.

Delivering judgment on Wednesday, May 6, 2026, Justice Yellim Bogoro held that the expenditure was “arbitrary, disproportionate and inconsistent with statutory procurement standards.” The suit, FHC/L/CS/1606/2023, was filed by the Socio‑Economic Rights and Accountability Project (SERAP) against Senate President Godswill Akpabio and House Speaker Tajudeen Abbas.

Justice Bogoro ordered both presiding officers “to ensure that all future procurements or expenditure of public funds by the National Assembly comply strictly with due process requirements and are guided by transparency, accountability and value for money.”

The court found that the beneficiaries of the spending were the same officials approving it, describing the act as “self‑dealing and conflict of interest.” The judge noted that the allocation of ₦110 billion “demonstrates a failure to prioritize national interest” amid widespread economic hardship.

Rejecting arguments of legislative autonomy, the court ruled that “the doctrine of separation of powers does not operate as a shield for illegality,” affirming that judicial oversight extends to legislative spending when constitutional boundaries are breached.

SERAP had argued that the expenditure violated Section 57(4) of the Public Procurement Act 2007, the Code of Conduct for Public Officers, and the Oath of Office under the Constitution. The court agreed, holding that the lawmakers acted in breach of their fiduciary duty to Nigerians.

Justice Bogoro further declared that the ₦70 billion support allowance for new lawmakers under the 2022 Supplementary Appropriation Act was unconstitutional, stressing that public office “must not be used for personal enrichment.”

The judgment also affirmed SERAP’s right to sue, recognizing the organization’s standing as a public interest body committed to transparency and accountability. The court dismissed objections that the case was academic, noting that declaratory reliefs remain valid even after funds have been spent.

SERAP’s deputy director, Kolawole Oluwadare, hailed the ruling as “a major victory for transparency, accountability and responsible management of public resources.” He said the judgment “demonstrates that public office is a public trust and that public funds must be used strictly in the public interest.”

Human rights lawyer Femi Falana, SAN, also commended the decision, describing it as “a confirmation that the decision of the executive and legislature to live in obscene opulence while the people are forced to live in poverty cannot be justified.” He urged the Revenue Mobilization Allocation and Fiscal Commission (RMAFC) to enforce Section 70 of the Constitution, which empowers it to fix lawmakers’ salaries and allowances.

SERAP has since written to the Senate President and Speaker, urging immediate compliance with the judgment. “The implementation of this ruling will be a victory for the rule of law, transparency and accountability,” the group said in a letter dated June 6, 2026.

The court’s declarations include:

• That the plan to spend ₦40 billion on 465 bulletproof vehicles violates the Public Procurement Act, the Code of Conduct, and the Oath of Office.
• That the ₦70 billion support allowance breaches lawmakers’ constitutional obligations to protect and defend the welfare of Nigerians.
• That all future legislative spending must comply with due process, transparency, accountability, and value for money.

This ruling marks a turning point in Nigeria’s fight against wasteful public expenditure. It reinforces the principle that public funds belong to the people, not to those elected to manage them.