The Socio-Economic Rights and Accountability Project (SERAP), BudgIT, Enough is Enough (EiE) and 6,721 concerned Nigerians have filed a lawsuit asking the Federal High Court to restrain, prevent and stop the National Assembly Service Commission from paying or releasing the sum of N5.550 billion budgeted for purchase of luxury cars for principal members of the ninth Senate.
In suit number FHC/L/CS/1511/2019 filed at the Federal High Court, Ikoyi Lagos, the plaintiffs argued that the proposed spending negates the constitutional oath of office made by members to perform their functions in the interest of the well-being and prosperity of Nigeria and its citizens, as contained in the Seventh Schedule of the 1999 Nigerian Constitution (as amended).
The plaintiffs also argued: “The proposed spending by the ninth Senate raises pertinent questions: What is the economic value and contribution of the vehicles sought to be purchased to the grand scheme of Nigeria’s economy? What are the parameters used to arrive at cost efficiency and value for money in the decision to purchase the vehicles? Where are the vehicles purchased by the eighth Senate?”
The plaintiffs argued: “The failure or refusal by the Senate to comply with legal and constitutional provisions is nothing but an act of arbitrariness. The money could be better allocated to more important sectors of the National Assembly expenditure – like constituency projects and National Assembly-endowed educational scholarships.
The suit, filed by Kolawole Oluwadare and supported by an affidavit of urgency, read in part: “A public officer shall not put himself in a position where his personal interest conflicts with his official duties. But the plan to spend N5.550 billion to buy vehicles for principal members of the Senate is a textbook case of a conflict of their personal interests with national interest of fiscal efficiency – a conflict eventually resolved in favour of personal and self-interest.
“Members of the National Assembly as public officials form a very tiny percentage of about 200 million Nigerians. It is public knowledge and judicially noticed that members of the Senate are still eligible to collect huge sums of money as monthly allowances and severance pay on conclusion of their respective terms at the National Assembly.
“It is thus rational that this matter is presently generating a lot of public concern and many Nigerians are now calling for a review of the sum proposed and budgeted for vehicles for members. In the face of glaring facts about Nigeria’s dire economic position vis-a-vis the scant allocations to critical sectors of the nation, we can only pray the Court to do substantive justice by granting our reliefs sought.
“There is real urgent need to assign, hear and determine this matter expeditiously. The well-being and prosperity of Nigeria requires commitment and sacrifice by all and sundry. However, the plan to spend N5.550 Billion [amounting to 6.4% of Nasarawa State budget] is anything but a commitment to pursue the interest, well-being and prosperity of Nigeria and its citizens.
“We urge the court to grant the plaintiffs’ reliefs by stopping the spending of N5.550 billion on luxury cars by the Senate and compelling the Senate to undertake a downward review of the sum proposed and budgeted, consistent with the provisions of section 57[4] of the Public Procurement Act 2007. Unless the reliefs sought are granted, the Senate will continue to benefit from the breach of the law, and at the expense of millions of Nigerians living in poverty.”
