LEGAL CHALLENGE AGAINST UNILATERAL INCREASE IN NATIONAL ASSEMBLY'S BUDGET

Socio-Economic Rights and Accountability Project (SERAP) and 20 concerned Nigerians have taken legal action against the Senate President, Godswill Akpabio, and the Speaker of the House of Representatives, Tajudeen Abbas.

Socio-Economic Rights and Accountability Project (SERAP) and 20 concerned Nigerians have taken legal action against the Senate President, Godswill Akpabio, and the Speaker of the House of Representatives, Tajudeen Abbas. They are being sued for unilaterally and arbitrarily increasing the allocation for lawmakers from N197 billion to N344 billion, the highest since the return of democracy in 1999. The lawsuit, filed at the Federal High Court in Abuja, questions the legality of the lawmakers' actions and seeks to prevent them from unilaterally increasing their budget without the re-presentation of the budget by the President, as required by the Nigerian Constitution.

 

The lawsuit challenges the National Assembly's decision to unilaterally increase its budget without the re-presentation of the budget by the President, arguing that this action breaches democratic principles of separation of powers and checks and balances. SERAP and the concerned Nigerians are seeking an order of perpetual injunction to restrain the National Assembly from unilaterally increasing its budget without the re-presentation of such appropriation/money bills by the President, in line with the Nigerian Constitution.

 

The Plaintiffs argue that allowing the National Assembly to unilaterally and arbitrarily increase its own budget would undermine the Nigerian Constitution, public trust, and the rule of law. They contend that the lawmakers' actions violate the Code of Conduct for Public Officers, the oath of office, and the democratic principles of separation of powers and checks and balances. The lawsuit also highlights that the Budget/Appropriation Act 2024 is yet to be gazetted, and public access to the gazetted 2024 Budget/Appropriation Act is restricted at the time of filing the suit.

 

The lawsuit further emphasizes that the National Assembly, by unilaterally and arbitrarily increasing its 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. It argues that the lawmakers have put their interest above the public interest and the well-being and prosperity of the Federal Republic of Nigeria, contrary to their oath of office. As of now, no date has been fixed for the hearing of the suit.


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