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By Our Repoter

A Federal High Court in Lagos has delivered a devastating blow to the National Assembly’s controversial N110 billion vehicle and allowance package, declaring the expenditure unlawful and describing it as a breach of procurement laws, constitutional obligations and the public trust.

In a landmark judgment delivered by Justice Yellim Bogoro, the court ruled that the planned expenditure of N40 billion on 465 bulletproof vehicles for lawmakers and N70 billion in support allowances for newly elected members violated the Public Procurement Act, the Code of Conduct for Public Officers and the oath of office sworn by members of the National Assembly.

The suit, marked FHC/L/CS/1606/2023, was instituted by the Socio-Economic Rights and Accountability Project (SERAP) against Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas following public outrage over the spending plans amid worsening economic hardship across the country.

Justice Bogoro held that the scale of the expenditure, coupled with the absence of evidence of due process, rendered the procurement arbitrary and unjustifiable.

“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 ruled.

In one of the strongest pronouncements contained in the judgment, Justice Bogoro described the spending arrangement as a clear case of self-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,” she stated.

The court further ordered Akpabio, Abbas and members of both chambers to ensure that all future procurements and expenditures of public funds by the National Assembly strictly comply with due process requirements and are guided by transparency, accountability and value for money.

Justice Bogoro said the court could not ignore the prevailing economic realities facing millions of Nigerians. “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 prioritize national interest,” she held.

Rejecting arguments that the judiciary should stay away from legislative spending because of the doctrine of separation of powers, the judge insisted that legislative autonomy could not be used as a shield for illegality. “The doctrine of separation of powers does not operate as a shield for illegality,” she declared.

The court also ruled that the allocation of N70 billion in support allowances to newly elected lawmakers undermined the fiduciary responsibility owed to Nigerians.

“The allocation of N110 billion for the benefit of lawmakers also undermines the fiduciary duty owed to the Nigerian people. Public office must not be used for personal enrichment. Public officers must act within constitutional boundaries and in good faith,” Justice Bogoro stated.

The judge dismissed objections raised by the defendants that the matter had become academic because the funds had already been spent, maintaining that declaratory reliefs could still be granted even after the completion of the disputed actions.

She also affirmed SERAP’s legal standing to challenge the expenditure, noting that Nigerian law now recognizes public-interest litigation and empowers civil society organisations to seek judicial intervention on issues affecting the public.

After reviewing the evidence, the court found that the National Assembly leadership failed to provide credible proof that procurement procedures, competitive bidding requirements and value-for-money assessments were followed.

“The Defendants have failed to provide any credible evidence of compliance with procurement procedure, competitive bidding and value for money assessment,” the judge held.

Consequently, the court declared that the proposed N40 billion expenditure on vehicles breached Section 57(4) of the Public Procurement Act 2007, while the N70 billion allowance package violated constitutional provisions governing public officers’ conduct.

Reacting to the judgment, SERAP Deputy Director Kolawole Oluwadare described the ruling as a major victory for transparency, accountability and responsible management of public resources.

“This landmark judgment is a major victory for transparency, accountability and responsible management of public resources in Nigeria,” Oluwadare said.

Human rights lawyer Femi Falana (SAN) also hailed the judgment, saying it exposed the injustice of public officials living in luxury while ordinary Nigerians grapple with poverty.

“The decision of the members of the executive and legislature to live in obscene opulence while the people are forced to live in poverty cannot be justified,” Falana stated.

SERAP has since written to Akpabio and Abbas, urging them to immediately comply with the judgment and demonstrate respect for the rule of law.

The ruling is widely seen as one of the most significant judicial interventions in legislative spending in recent years, coming at a time of rising public anger over government expenditure, economic hardship and demands for greater accountability in the management of public funds.