Aniefiok Christopher
The Federal High Court in Lagos has declared unlawful the National Assembly’s controversial N110 billion vehicle procurement and allowance schemes, holding that the spending violated procurement laws, constitutional provisions and the public trust.
The Socio-Economic Rights and Accountability Project (SERAP) said in a statement on Sunday that Judge Yellim Bogoro ruled that the planned expenditure of N40 billion on 465 vehicles for federal lawmakers and N70 billion as support allowances for newly elected legislators was arbitrary, disproportionate and inconsistent with statutory procurement standards.
The suit, marked FHC/L/CS/1606/2023, was instituted by SERAP against Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas for themselves and on behalf of members of both chambers.
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In his judgement on 6 May, Mr Bogoro also ordered the National Assembly leadership to ensure that future procurement processes and public expenditure strictly comply with due process and are guided by transparency, accountability and value for money.
“The doctrine of separation of powers does not operate as a shield for illegality,” the judge held, stressing that the court was concerned with the legality and constitutionality of legislative spending.
The court found that the lawmakers, as beneficiaries of the expenditure they approved, had placed themselves in a position of conflict of interest.
“The beneficiaries of the expenditure are the very officials approving it, and the expenditure confers direct pecuniary and material benefits. This to my mind constitutes a case of self-dealing and conflict of interest,” Mr Bogoro ruled.
Taking judicial notice of Nigeria’s economic situation, the judge said allocating N110 billion for lawmakers’ benefit at a time of widespread hardship reflected a failure to prioritise national interest.
“I have taken judicial notice of the economic realities in Nigeria and the widespread financial hardship affecting Nigerian citizens. In this context, the allocation of N110 Billion for the benefit of lawmakers demonstrates a failure to prioritize national interest,” the judgement stated.
Mr Bogoro further held that the expenditure undermined the fiduciary duty public officers owe Nigerians and was inconsistent with the oath of office sworn by members of the National Assembly.
“Public office must not be used for personal enrichment. Public Officers must act within constitutional boundaries and in good faith. I hold that the conduct complained of is inconsistent with the oath of office,” the court held.
Court rejects preliminary objections
The court dismissed objections raised by the defendants challenging its jurisdiction and SERAP’s standing to institute the suit.
Mr Bogoro held that Nigerian law has evolved to recognise public interest litigation and that non-governmental organisations such as SERAP can approach the courts to protect public interest.
“From the facts deposed and given the nature of the suit, SERAP being a public interest organization committed to transparency and accountability has demonstrated sufficient interest. I therefore hold that SERAP has locus standi to sue, as the matters are of undeniable public concern,” the judge ruled.
The court also rejected the argument that the failure to serve a formal pre-action notice rendered the suit incompetent, holding that exceptions exist where matters involve urgency or overriding public interest.
Mr Bogoro noted that SERAP had written letters to the National Assembly before filing the suit, and that the defendants failed to respond.
Similarly, the judge rejected the argument that the case had become academic because the funds had allegedly been spent.
The court held that declaratory reliefs remain available even after the completion of the act complained of and that the case raised substantial constitutional questions concerning accountability and public finance
On the substantive issues, Mr Bogoro held that the defendants failed to produce credible evidence showing compliance with procurement procedures, competitive bidding requirements and value-for-money assessments prescribed under the Public Procurement Act.
“The Defendants have failed to provide any credible evidence of compliance with procurement procedure, competitive bidding and value for money assessment. The Defendants have not rebutted the allegations specifically made as such they are deemed admitted,” the judgment stated.
The court consequently held that the proposed expenditure breached Section 57(4) of the Public Procurement Act 2007, the Code of Conduct for Public Officers and the constitutional oath of office taken by lawmakers.
Mr Bogoro emphasised that whenever legislative actions violate constitutional or statutory provisions, the courts have both jurisdiction and a constitutional duty to intervene.
Having found that SERAP established its case through credible evidence, the court granted declaratory and injunctive reliefs sought by the organisation.
Among the prayers granted, the court declared that the then-proposed N40 billion procurement of 465 bulletproof vehicles breached procurement laws and constitutional provisions governing public officers.
It also declared that the allocation of N70 billion as support allowances to newly elected lawmakers under the 2022 Supplementary Appropriation Act violated the constitutional obligations of members of the National Assembly.
The court further ordered that all future procurement and expenditure by the National Assembly must comply strictly with due process and the principles of transparency, accountability and value for money.
At the start
The legal challenge arose from widespread public criticism over the National Assembly’s plan to procure hundreds of luxury vehicles shortly after the inauguration of the 10th Assembly and at a time of deepening economic hardship triggered by the removal of petrol subsidy.
SERAP filed the suit in August 2023 after the legislature approved plans to spend N40 billion on 465 Sports Utility Vehicles (SUVs), including bulletproof vehicles for lawmakers and principal officers, and another N70 billion in support allowances for newly elected members.
The organisation argued that while lawmakers proposed N70 billion as support allowances for new members and N40 billion for official vehicles, only N500 billion had been budgeted as palliatives for millions of poor Nigerians struggling with the rising cost of living.
In its originating summons, SERAP sought orders compelling Messrs Akpabio and Abbas to review and reduce the vehicle budget and repeal the supplementary appropriation provision allocating the N110 billion expenditure.
The rights group argued that the proposed spending violated the Public Procurement Act, the Code of Conduct for Public Officers and lawmakers’ constitutional oath of office, maintaining that public officials owed Nigerians a fiduciary duty and should not use public resources for personal benefit.
As the suit progressed, the controversy intensified after reports emerged that contracts for the vehicles had already been awarded despite the pending litigation.
Civil society groups threatened nationwide protests, while SERAP returned to court seeking interim orders to stop the procurement and distribution of the vehicles pending determination of the substantive suit.
The organisation also wrote to President Bola Tinubu, urging him to intervene and prevent lawmakers from taking delivery of the vehicles, warning that allowing the procurement to proceed while the matter was before the court could render the litigation nugatory and undermine the rule of law.
The House of Representatives subsequently confirmed that orders had been placed for operational vehicles for members, insisting they were official assets tied to legislative oversight duties and would remain the property of the National Assembly unless disposed of in line with government asset disposal policies at the end of the Assembly’s tenure.
In 2016, a Lagos-based lawyer and activist, Malcolm Omirhobo, filed a suit before the Federal High Court challenging the purchase of exotic cars for members of the National Assembly, arguing that lawmakers should not acquire expensive official vehicles without compliance with procurement laws and in disregard of economic realities at the time.
The suit followed public criticism over the House of Representatives’ allocation of N3.6 billion for vehicles in the 2016 budget and the Senate’s procurement of 108 Toyota Land Cruiser vehicles, which also sparked outrage during a period of economic recession.
Mr Omirhobo asked the court to declare the procurement unlawful and compel lawmakers to consider more affordable and locally manufactured vehicles for official use.
The controversy resurfaced again in 2019 when civil society organisations, including SERAP, BudgIT and thousands of Nigerians, challenged plans to purchase luxury cars for senators, arguing that such spending was inconsistent with lawmakers’ constitutional duty to prioritise citizens’ welfare.
The plaintiffs argued that although lawmakers were entitled to official vehicles, the scale of the proposed spending was unjustifiable in a country where millions of citizens lived in poverty and struggled to access basic social services.
Order probe into N145b Safe Schools Initiative – SERAP tells Tinubu
Meanwhile, SERAP has called on President Bola Tinubu to order an immediate investigation into allegations that funds allocated under Nigeria’s N145 billion Safe Schools Initiative may have been mismanaged, diverted, or are unaccounted for.
Warning that it will take legal action if authorities fail to act, SERAP, in a statement issued on Thursday, expressed concern over the continued wave of schoolchildren and teachers abductions across the country despite the billions of Naira reportedly earmarked to improve security in educational institutions.
“Over 600 pupils and teachers have reportedly been abducted in school-related attacks across Nigeria between March 2024 and May 2026, despite the Federal Government’s N145billion Safe Schools Initiative,” SERAP stated.
The group added, “We call on President Bola Ahmed Tinubu to urgently direct the Attorney General of the Federation and Minister of Justice, Mr. Lateef Fagbemi (SAN), and relevant anti-corruption agencies to investigate allegations that the N145billion Safe Schools Initiative funds are missing, mismanaged, or diverted.
“Anyone found responsible should be brought to justice, and any missing funds fully recovered.”
SERAP’s demand followed the recent abduction of over 30 pupils and teachers from three schools in Oriire Local Government Area of Oyo State, an incident the group said exposed the failure of the Nigerian authorities to adequately secure schools despite billions of naira reportedly allocated for that purpose.
“The recent abduction of dozens of students and teachers from three schools in Oriire Local Government Area of Oyo State demonstrates that Nigerian schools remain dangerously exposed to criminal attacks despite the billions of naira reportedly allocated to protect them,” the group said.
The group also urged both the Nigerian government and the Oyo State government to prioritise the rescue of the victims and ensure accountability for the attack.
“We also call on President Tinubu and Oyo state governor, Seyi Makinde, to urgently ensure the safe release and return of the abducted students and teachers,” SERAP said.
“The abductors must be arrested and brought to justice. Victims and their families must be provided with access to justice and effective remedies.”
SERAP further argued that the recurring attacks on schools have cast doubt on the effectiveness and transparency of the Safe Schools Initiative.
The group said, “Authorities must act urgently to ensure accountability and prevent further attacks on children and educators.
“The reported abductions raise serious questions about the effectiveness, transparency, and accountability of the Safe Schools Initiative.
“Allegations that funds intended to protect Nigerian children may have been mismanaged must be urgently, thoroughly, independently, and effectively investigated, and the findings of any investigation should be widely published.”
The rights group warned that corruption linked to education security programmes could have devastating consequences for children, particularly those from disadvantaged communities.
“Corruption in education security puts lives at risk, undermines every child’s right to education, and disproportionately affects poor and vulnerable communities.”
SERAP also cited constitutional provisions and Nigeria’s international obligations, arguing that authorities have a legal duty to protect schoolchildren and educational institutions from violence and abductions.
The group said, “Nigerian authorities have constitutional and international legal obligations to protect children from abduction, violence, and other human rights abuses.
“The Nigerian Constitution 1999 [as amended] imposes a clear duty on Nigerian authorities to protect the lives, safety, and welfare of all persons.
“Section 14(2)(b) provides that the security and welfare of the people shall be the primary purpose of government, while Section 33 guarantees the right to life and requires authorities to take reasonable measures to protect individuals from threats to their lives and security.
“The Nigerian Constitution also guarantees the dignity of the human person under Section 34 and obliges governments at all levels to direct their policies toward ensuring adequate educational opportunities.
“These provisions require authorities to take effective steps to protect students, teachers, and educational institutions from violence, abductions, and other threats that undermine access to education and the enjoyment of fundamental rights.”
SERAP threatened legal action should the government fail to implement its recommendations, saying, “We will see Nigerian authorities in court if the recommended measures are not immediately implemented.”
