Politics
SERAP, 20 Others Sue Akpabio, Abbas, Against Increasing Own Budget
The Socio-Economic Rights and Accountability Project (SERAP) and 20 concerned Nigerians have filed a lawsuit against the Senate President, Godswill Akpabio, and Speaker of the House of Representatives, Tajudeen Abbas “for unilaterally and arbitrarily increasing the allocation for lawmakers from N197bn to N344bn, their highest since the return of democracy in 1999.”
Biztellers reports that the action was brought against Akpabio and Abbas for themselves and on behalf of all members of the National Assembly.
According to Deputy Director, SERAP, Kolawole Oluwadare, the lawmakers had last month raised their allocation from N197bn proposed by President Bola Tinubu to N344bn.
That meant that the lawmakers would in total draw N514bn from the 2024 budget. The lawmakers also in 2023 arbitrarily increased their own budget from the originally proposed N169bn to N228bn, he noted.
In the suit number FHC/ABJ/CS/68/2024 filed last Friday at the Federal High Court, Abuja, the Plaintiffs are asking the court to determine “whether the lawmakers, in the exercise of their powers over appropriation/money bills, can unilaterally increase their own budget without the re-presentation of the budget by the Executive.”
The Plaintiffs are asking the court for “a declaration that the National Assembly, in the exercise of its powers over appropriation/money bills, cannot unilaterally increase its own budget without the re-presentation of the budget by the President in line with section 81 of the Nigerian Constitution 1999 [as amended].”
The Plaintiffs are asking the court for “a declaration that the action of the National Assembly, unilaterally increasing its own budget from N197 billion to N344 billion, without the re-presentation of the budget by the President is a breach of the democratic principles of separation of powers and checks and balances.”
The Plaintiffs are seeking “an order of perpetual injunction restraining and preventing the National Assembly from unilaterally increasing its own budget, in the exercise of its powers over all appropriation/money bills, without the re-presentation of such appropriation/money bills by the President in line with the Nigerian Constitution.”
In the suit, the Plaintiffs are arguing that: “Allowing the National Assembly to continue to unilaterally and arbitrarily increase its own budget would fundamentally undermine the letter and spirit of the Nigerian Constitution, public trust, and the rule of law.”
The Plaintiffs are also arguing that, “The arbitrary and self-serving increase by the lawmakers of their own allocation offends the Code of Conduct for Public Officers [Fifth Schedule Part 1] of the Nigerian Constitution, oath of office, and the democratic principles of separation of powers and checks and balances.”
According to the Plaintiffs, “Unless the reliefs sought are granted, the National Assembly will continue to breach the provisions of the Nigerian Constitution and the rule of law, and at the expense of millions of Nigerians living in poverty.”
The suit filed on behalf of SERAP and 20 concerned Nigerians by their lawyers Kolawole Oluwadare and Andrew Nwankwo.
The petition read in part, “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.”
The SERAP and 20 concerned Nigerians are also asking the court for the following reliefs:
“A DECLARATION that the action of the National Assembly, unilaterally increasing the budget of the National Assembly from 197 billion Naira to 344 billion Naira, in the exercise of its powers over Appropriation Bill 2024, without the re-presentation of the budget by the President is a breach of section 81 of the Nigerian Constitution 1999 [as amended], the Code of Conduct for Public Officers [Fifth Schedule Part 1] of the Nigerian Constitution, Oath of office [Seventh Schedule] and section 81 of the Nigerian Constitution.
“AN ORDER OF PERPETUAL INJUNCTION OF THE HONOURABLE COURT restraining and preventing the National Assembly from unilaterally increasing the budget of the National Assembly, in the exercise of its powers over all appropriation/money bills, without the re-presentation of such appropriation/money bills by the President in compliance with section 81 of the Nigerian Constitution 1999 [as amended] and the democratic principles of separation of powers and checks and balances.”
And, “AN ORDER OF THE HONOURABLE COURT directing, compelling and mandating the National Assembly, in the exercise of its powers over all appropriation/money bills, to comply with section 81 of the Nigerian Constitution 1999 [as amended] by sending such appropriation/money bills to the President for re-presentation before the National Assembly in compliance with section 81 of the Nigerian Constitution and the democratic principles of separation of powers and checks and balances.”
The court is yet to fix a date for the hearing of the suit.
The ongoing political drama in Rivers State has seen a member of the State’s House of Assembly, Hon Enemi Alabo call the state governor, Simi Fubara, “small man”.
It was gathered that this followed Gov Fubara’s storming of the Rivers State House of Assembly quarters with a view to forcefully influencing the thoughts and actions of the state lawmakers.
A visibly angry Hon Alabo recounted how he went to school together with Gov Fubara and how he worked hard to ensure his emergence as governor, expressing disappointment at Gov Fubara’s action.
Hon Alabo said, “Let me today dare Sim Fubara for the first time. You had the guts to break the gates of the Rivers State House of Assembly quarters and force yourself into the quarters, threatening and harassing people. Shooting and putting fear into people, into wives of Assembly members and their children, just to assert yourself. You are such a small man.
“You burnt the hallowed chambers of the House of Assembly, we did not answer you, you attacked the residence of the Speaker of the Rivers State House of Assembly, where four people were killed, we did not answer you, you demolished the Rivers State House of Assembly Complex, we did not answer you, we thought it the madness of a minute.
“You know where I live, you know my apartment, why didn’t you come?
“I have respected our friendship for so long. I have refused to comment about you, I have respected your office as governor.
“I have always remembered that while I worked with Zenith Bank you were my friend, I have always remembered that you and me did a Masters Degree together, I have always remembered how much I worked for you to be Governor, how I mobilized professionals from all works and corners of life to support you. I remember that the only time you had the opportunity to present your blueprint to Rivers people, it was me!!! I orchestrated that, Yes!!! You have done enough.
“Now, let the heavens fall, I will never bow to baal. You are such a small man.”
The Osun State Government has denied media reports that she borrowed the sum of sum of N10 billion.
The government made the denial in a statement in Osogbo on Monday under the signature of the Spokesperson to the State Governor, Olawale Rasheed.
It read, “Our attention has been drawn to a report by the Nation Newspaper alleging that Governor Ademola Adeleke has taken a loan of over Ten Billion Naira. We strongly affirm that the story is not true.
“Governor Adeleke has not at any point since assuming office taken any loan either through a resolution of the State Executive Council or that of the State House of Assembly.
“The ongoing multi-billion-naira infrastructure projects across Osun State have no loan components. They are all being financed through state resources. The dualisation of roads, the overhead bridges, the school and health centres upgrades, and several roads projects are being funded through special project account created by the State Government.
“What the newspaper report referred to as loans taken by Governor Adeleke were World Bank Development financing which were inherited from the previous administrations and which are national projects operated through the Nigeria Governors’ Forum, the National Economic Council among others.
“Such programmes of World Bank and multilateral institutions development includes Ilesa Water project; establishment of Osun Investment Promotion Local Business Offices across nine Federal Constituencies; O-Cares For Agricultural Support Services; World Bank On Saber For Development Of PPP; World Bank On Saber For Establishment Of Osun Investment Promotion One-Stop-Shop.
“Others include World Bank On O-Cares Projects For Coordination Of State Cares (O-Cares) Activities; World Bank On Rural Access And AgriculturalMarketing Project (Raamp 3) for Rural Development Projects; World Bank For Community And Social Development Project On O-Cares; World Bank For Labour Intensive Public Workfare On O-Cares and World Bank For Social Support Programme (Cash Transfer To Indigent Elderly On Osun Covid-19 Action Recovery And Economic Stimulus) – (O-Cares).
“As can be seen from the above, all the projects are related to the World Bank country programme for Nigeria which targets subnational entities using the mechanism of the Nigerian Governors Forum and the National Economic Council. Previous Governors in Osun State joined in the implementation of the projects which Governor Adeleke inherited.
“In line with his principle of continuity of policies favorable to the public, the Governor sustained the projects as Osun cannot opt out of a national scheme in which all states of the Federation are involved.
“No responsible government will abandon a series of World Bank projects which are already household names across the Federation and which have benefited so many residents.
“We reaffirm again that Governor Adeleke has not borrowed a kobo since assuming office. Inherited liabilities and contracts cannot be tagged on the Governor of the Year on Infrastructure.”
The Lamidi Apapa wing of the Labour Party (LP) has raised objections to the Nigeria Labour Congress’s (NLC) appointment of an interim chairman for the party in Gombe State, labeling the decision unacceptable.
Additionally, the Julius Abure faction expressed ignorance of the appointment, citing the presence of an existing substantive state chairman in Gombe.
This development exacerbates the existing rift between the NLC and LP leadership, with recent tensions culminating in accusations from the NLC against LP National Chairman Julius Abure of unilateral control over the party’s affairs.
Under the leadership of its National Secretary, Chris Uyot, the NLC political commission intervened by endorsing Sani Abdulsalam, the former Gombe LP Chairman reportedly ousted by the Julius Abure-led National Working Committee for alleged anti-party conduct.
Uyot announced Abdulsalam’s appointment to oversee the party’s affairs until local government elections are held in the state.
A copy of the letter detailing this decision was sent to the Independent National Electoral Commission, Department of State Services, Gombe State Police Command, and the Secretary to the Gombe State Government.
The letter partly read, “To whom it may concern. We bring you fraternal greetings from the NLC political commission. We write to communicate the appointment of Alhaji Sani Abdulsalam as interim Chairman of LP in Gombe.
“His appointment is for the period up till the conduct of local government elections in Gombe State. Thereafter, a more substantive state transition committee of the Labour Party in Gombe State will be constituted.
“While we look forward to your cooperation, please accept the renewed assurance of our highest esteem.”
In a telephone conversation on Sunday, Abayomi Arabambi, the spokesperson for the Apapa faction, distanced themselves from the arrangement.
Arabambi emphasized that the NLC lacked the authority to enforce any individual on the party.
He stated, “The NLC political commission is not a party. We intend to take very drastic constitutional action against them. Already, we have warned them not to disobey the constitution of our party. They are merely a pressure group.
“No section of the LP constitution ceded the control of the party to the NLC or TUC. Furthermore, it is rather unfortunate that while some well-meaning members of the party are striving and making attempts to steer the ship of the nation on the path of growth and genuine development towards the repositioning of our party for victory in 2027, the NLC and its political commission are determined to destroy, tear down and demolish the party on the quest for personal aggrandisement.”
The National Publicity Secretary of the LP, Obiora Ifoh, echoed similar sentiments.
He affirmed that the LP already had a legitimate state chairman in Gombe and revealed that the Abure-led NWC was not informed about the recent development.
Ifoh clarified that Abdulsalam, the endorsed figure, was previously removed from his position as state chairman due to alleged anti-party actions.
He stated, “We are unaware of this development as the Labour Party maintains its leadership structure in Gombe State. We have LP chairmen established in all 36 states and the FCT. In Gombe, we are already working with a chairman recognized by INEC.”
“Anybody can come out to claim he appoints somebody. Just like INEC, we are not aware of it. The so-called appointed person, Abdulsalam, was a former chairman disengaged by LP for anti-party activities.
“A new leadership was elected into office after his exit. But because of the conflict we had with the NLC, the same man went around to congress and they recognised him.
“However, I think it is a mere recognition and not an appointment in the true sense. But we are not interested in joining issues with anybody in the media. For now, we are gradually working towards resolving the crisis between LP and NLC.”
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