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 coming days promise a lot of intrigues in the Ondo State political circle with the former Governor, Segun Mimiko, set to play a big part.
Biztellers reports that delegates of the Zenith Labour Party (ZLP) on Wednesday, in Akure, chose Abass Mimiko as its candidate for the November 16 governorship election in the state.
It was gathered that Abass is Segun’s younger sibling.
He was reported to have been chosen through affirmation in the party’s primary election at its Secretariat.
On emergence, Mimiko assured that if elected governor of the state, his priorities would be education, health, economy, and security.
On if his older sibling would be supporting his ambition, with both of them being in different political parties, Abbas revealed that the former governor would be rooting for him to become Ondo’s next governor.
According to him, “My brother is happy that I am coming out because he knows I would build on his achievements.”
In a show of solidarity, the 37 chairmen of the All Progressives Congress (APC) expressed support for the party’s national chairman, Dr. Abdullahi Ganduje, despite reports of his suspension by his ward in Dawakin-Tofa local government area of Kano state.
The chairmen representing 36 states and the Federal Capital Territory (FCT) conveyed their vote of confidence during a visit to Ganduje at the APC national secretariat in Abuja on Tuesday.
Acting chairman of the APC state Chairmen Forum and Lagos State chairman of the party, Cornelius Ojelabi, stated that those behind the purported suspension were not recognized by the party.
He said, “We are here to let you know that we are solidly behind you. The purported suspension is not from members of the party but coming from people that want to derail the party.
“We’re here to show our solidarity and sincere commitment to appreciate what members of the National Working Committee have been doing in standing by you by giving you a total support.
“We feel it’s important that the act of that solidarity should not be limited to members of the NWC alone.”
In his retort, Ganduje pointed fingers at Kano State Governor Abba Yusuf, accusing him of orchestrating the purported suspension by impostors.
He derided the move as nothing more than a theatrical spectacle, likening it to scenes one might expect on Africa Magic’s Nollywood channel.
He said, “We were so astonished when we heard the news but we were not surprised when we discovered that the great threat that APC overwhelmingly poses to other parties is real and Kano State is not an exception.
“The government in Kano State is behind this drama. Even the drama is one kind of drama that is called Africa Magic. This is Africa Magic and it is not leading democracy anywhere.
“It is a negative innovation where members who belong to a different political party, not even our members, let alone being elected executive members of either the ward or to the highest level at the state.
He added “Our party cannot be distracted, we assure you. Our attention cannot be diverted. We are focused. We know where we are heading to. We know our objectives and we know to achieve our objectives.”
At the same time, the Ganduje-led National Working Committee of the APC has officially received the report of the party’s Ondo Governorship Committee, headed by Kogi State Governor Ahmed Usman Ododo.
In a formal handover ceremony, Ganduje commended Governor Ododo for his exemplary leadership and acknowledged the committee’s diligent work.
He expressed pride in the governor’s successful execution of the party’s first national assignment under his stewardship.
Ganduje said “This is your first assignment and we are happy that you did well. I was in our Situation Room watching you live while you were declaring the results and I am proud of the way you handled it.”
In his earlier remarks, Governor Ododo expressed gratitude to the APC national leadership for entrusting him and his committee members with such a crucial national assignment.
He highlighted that the committee’s report meticulously documented all events surrounding the primary election, offering comprehensive recommendations to address the aftermath.
Governor Ododo emphasized the importance of these recommendations in fostering party unity and preparing the APC for success in the upcoming November governorship election in Ondo State.
In a display of legislative power, the Rivers State House of Assembly has overridden Governor Siminalayi Fubara’s veto to pass the Rivers State Local Government (Amendment) Bill into law.
Despite the governor’s initial refusal to assent to the bill on March 13, 2024, the assembly stood firm in its resolve, led by Majority Leader Hon. Major Jack, to fulfill its constitutional duties.
Following the procedures outlined in Section 100(5) of the 1999 Constitution of the Federal Republic of Nigeria, as amended, the Rivers State House of Assembly exercised its authority to override Gov Fubara’s veto by a two-thirds majority vote.
Speaker Rt. Hon. Martin Amaewhule facilitated the decisive moment, paving the way for the enactment of the bill into law.
In a separate development, the House undertook the screening and confirmation of nominees for key positions within the Assembly Service Commission.
The confirmed nominees include Barr. Sampson Worlu as Chairman, along with Hon. Abinye Blessing Pepple, Mrs. Blessing Belema Derefaka, Mr. Gbaranen Robinson, and Madam Dorcas Amos as members.
On March 22, 2024, the Rivers State House of Assembly passed the Rivers State Assembly Service Commission (Amendment) Bill into law, granting itself the authority to appoint the Chairman and Members of the Assembly Service Commission.
This legislative action marked a significant shift in the appointment process for key positions within the commission.
On a somber note, Speaker Rt. Hon. Amaewhule sadly announced the passing of Mr. Lucky Amadi, the husband of Hon. Emilia Lucky Amadi, the honorable Member for Obio/Akpor Constituency II.
In a gesture of solidarity and support, Members expressed their condolences and announced plans to pay a visit to their grieving colleague, reflecting the assembly’s sense of camaraderie and compassion during times of loss.
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