Court Declares National Assembly’s N110bn SUV, Allowance Plan Unlawful, Orders Future Spending To Follow Due Process

The Federal High Court in Lagos has declared the National Assembly’s N110 billion plan to purchase vehicles for lawmakers and pay support allowances to newly elected members unlawful, holding that the expenditure breached procurement laws, constitutional obligations and public trust.

Delivering judgment in Suit No. FHC/L/CS/1606/2023, Justice Yellim Bogoro held that the National Assembly’s plan to spend N40 billion on 465 vehicles for lawmakers and N70 billion as support allowances for newly elected members was arbitrary, disproportionate and inconsistent with statutory procurement standards.

The suit was filed in August 2023 by the Socio-Economic Rights and Accountability Project, SERAP, against the National Assembly, the Senate President, Godswill Akpabio, and the Speaker of the House of Representatives, Tajudeen Abbas, for themselves and on behalf of members of both chambers.

SERAP had approached the court after reports emerged that the National Assembly planned to spend N40 billion on 465 vehicles at about N305 million each, and N70 billion on allowances for new lawmakers, at a time Nigerians were facing worsening economic hardship.

In the judgment delivered on Wednesday, May 6, 2026, the court held that the spending amounted to self-dealing and conflict of interest because the beneficiaries of the expenditure were the same public officials approving it.

Justice Bogoro held that the allocation of N110 billion for the benefit of lawmakers showed a failure to prioritise national interest and undermined the fiduciary duty owed to the Nigerian people.

The court found that the spending breached Section 57(4) of the Public Procurement Act, 2007, which requires economy, efficiency and public interest in public procurement.

The judge also held that there was no evidence of competitive bidding or value-for-money assessment before the approval of the expenditure.

According to the court, the planned spending violated paragraph 1, Part 1 of the Fifth Schedule to the 1999 Constitution, which contains the Code of Conduct for Public Officers, as well as the Oath of Office under the Seventh Schedule of the Constitution.

Justice Bogoro dismissed the National Assembly’s objection that the suit was academic and that SERAP lacked the legal standing to institute the action.

The court held that non-governmental organisations have the right to bring actions in defence of public interest, adding that the doctrine of separation of powers cannot be used as a shield for illegality.

The court consequently declared that the N40 billion plan to purchase 465 bullet-proof SUVs breached the Public Procurement Act, the Code of Conduct for Public Officers and the Oath of Office.

It also declared that the N70 billion support allowance breached lawmakers’ constitutional obligations and duty of care to Nigerians.

Justice Bogoro ordered Akpabio and Abbas to ensure that all future procurements and expenditure of public funds by the National Assembly comply strictly with due process and are guided by the principles of transparency, accountability and value for money.

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