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.
Edo State Commissioner for Information and Strategy, Kassim Afegbua, has accused the presidential candidate of the African Democratic Congress (ADC), Atiku Abubakar, of showing “symptoms of desperation” over his promise to restore fuel subsidy if elected president in 2027.
Afegbua made the remarks during an interview while reacting to Atiku’s position on the removal of petrol subsidy and the former vice president’s renewed call for government intervention in fuel pricing.
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According to him, Atiku, Peter Obi and President Bola Ahmed Tinubu had all campaigned ahead of the 2023 presidential election on the need to remove fuel subsidy.
“Now, talking about fuel subsidy, I think the ADC candidate is showing symptoms of desperation,” Afegbua said.
He argued that Tinubu, after winning the 2023 election, implemented the removal of the petrol subsidy, adding that anyone seeking its return should be properly scrutinised because, in his view, the previous subsidy regime created opportunities for fraud and contributed to the decline of Nigeria’s refineries.
“Anybody who is planning to bring back subsidy, that person should be examined properly, because that person is trying to bring back subsidy scammers, saboteurs, and buccaneers who held down Nigeria for so long using subsidy and crippled our refineries,” he said.
Afegbua also alleged that the ADC was experiencing financial difficulties and suggested that this was influencing its campaign messaging.
“The ADC, as it were today, is undergoing some financial strain. So they are looking for every opportunity to rake in money and all of that,” he said.
The Edo commissioner, however, acknowledged that Nigerians were still facing the effects of high fuel and transportation costs, pointing to ongoing government interventions, including the planned commissioning of 50 CNG buses in Edo State.
He said the buses, expected to be commissioned on October 15, would be distributed across the three senatorial districts and would provide free transportation for passengers.
Recall that Atiku had on August 20, 2026, pledged to restore petrol subsidy if elected president in the 2027 election.
Speaking during a Facebook Live session, the ADC candidate questioned how the resources previously spent on subsidy had been utilised following its removal.
“I initially did not oppose the removal of the fuel subsidy. But now that it has been removed, where is the money? Where has the subsidy money gone?” Atiku asked.
He subsequently said: “If I win the presidential election, I will restore the subsidy. And anyone who stole Nigeria’s subsidy funds must return the money.”
On August 25, Atiku further reaffirmed that his position had not changed, saying, “When I said I would return to subsidy, I will!”
He later clarified that the proposed intervention would be targeted and focused on supporting domestic production rather than simply returning to the former import-subsidy model.
The Vice Presidential candidate of the African Democratic Congress (ADC), Rotimi Amaechi, has stated clear terms and conditions on which he will quit the party, the presidential race and back its rival, President Bola Ahmed Tinubu of the All Progressives Congress (APC) in the 2027 elections.
The former Governor of Rivers State challenged Tinubu to bring the price of petrol down to ₦600 per litre and see him withdraw from the ADC ticket and campaign for the President in the 2027 election.
Amaechi made the challenge while reacting to Tinubu’s Independence Day address and the President’s declaration that Nigeria had entered an “age of prosperity” during an interview on Friday with Channels Television’s Politics Today.
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Questioning the believability of Tinubu’s claim, Amaechi said Nigerians should assess whether the economic reforms had translated into lower prices and improved living conditions.
“It is about believability; who do you believe? Go to the 2005 Presidential speech; it is the same: we have turned the page, and we are about to start enjoyment,” Amaechi said.
“Have you asked one of your staff who goes by transport, how much it costs from Yanya to Abuja? Has anything come down?
“Has any price come down, has anything changed?” he asked.
Using the price of petrol as a test of the government’s economic claims, Amaechi said he would personally visit a filling station to establish whether the product had fallen to ₦600 per litre.
“I will go tomorrow morning to the petrol station to buy fuel, I will go myself, if fuel has come down to 600, I will campaign for President Tinubu,” Amaechi said.
The former Minister for Transport, under late President Muhammadu Buhari also challenged those who doubted his pledge to accompany him with a camera, saying he would withdraw from the ticket he is contesting alongside former Vice President Atiku Abubakar and support Tinubu if petrol had fallen to the stated price.
“If you doubt me, come with your camera to my house, and I will go to the filling station and buy fuel, and I, Chibuike Rotimi Amaechi will withdraw as a vice presidential candidate of Atiku and campaign for President Tinubu, if it has come down,” he declared.
The Lagos State governorship candidate of the Nigeria Democratic Congress (NDC), Funso Doherty, has promised to make education, books and examination fees free across the state within his first 100 days in office if elected governor in 2027.
Doherty made the pledge on Thursday during a special town hall meeting hosted by The Platform, a thought leadership initiative of The Covenant Nation, in Lagos.
Speaking on his plans for his first 100 days in office, the governorship candidate said his administration would make education entirely free, including the provision of books and payment of examination fees.
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“We will also provide one nutritious meal for every kid in public school. We will also provide a programme by which kids who are in public schools are transported free to school if they need it,” Doherty said.
He explained that the measures were aimed at ensuring that no child is denied access to education.
“Because the children, given our demographics, are the hope of the future and will be the time bomb of the future,” he said.
Doherty also promised what he described as truly free healthcare, with particular attention to maternal and child healthcare.
On housing, the NDC candidate said his administration would adopt a large-scale approach to addressing the housing deficit in Lagos, rather than delivering only a few hundred housing units.
“Our commitment is to deliver about 150,000 units in our first term because a large part of the problem with housing is the fact that supply has not kept up with the demand,” he said.
The pledges form part of Doherty’s proposed agenda ahead of the 2027 Lagos State governorship election.
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