…Judge Rules Spending Arbitrary, Wasteful, Unlawful
…Says Public Funds Must Serve National, Not Personal Interest
Daud Olatunji
A Federal High Court sitting in Lagos has nullified the National Assembly’s N110 billion expenditure on Sports Utility Vehicles (SUVs) and lawmakers’ support allowances, describing the spending as arbitrary, wasteful and unlawful in a judgment that has triggered fresh debate on public accountability.
Delivering judgment in suit FHC/L/CS/1606/2023 filed by the Socio-Economic Rights and Accountability Project (SERAP), Justice Yellim Bogoro held that the controversial expenditure failed to meet constitutional and statutory requirements governing public procurement and the management of public funds.
The court voided the N40 billion spent on 465 vehicles for federal lawmakers and the N70 billion disbursed as support allowances to members of the 2023 National Assembly, ruling that the transactions violated due process and procurement standards.
“Looking at the magnitude of the expenditure, coupled with the absence of demonstrable due process, leads me to conclude that the procurement is arbitrary, disproportionate and inconsistent with statutory procurement standards,” the judge said.
Justice Bogoro further held that the transaction amounted to self-dealing, noting that lawmakers directly benefited from funds they approved for themselves, a situation he described as a clear 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,” the court stated.
The court also faulted the defendants for failing to provide credible evidence of compliance with competitive bidding processes, procurement regulations and value-for-money requirements, adding that their defence was weak and unsubstantiated.
It held that by failing to specifically rebut the allegations, the defendants were deemed to have admitted them, ruling that the expenditure contravened Section 57(4) of the Public Procurement Act 2007 as well as provisions of the Code of Conduct for Public Officers.
Justice Bogoro emphasised that legislative autonomy does not extend to illegality, stressing that public office must always be exercised within constitutional boundaries and in the interest of citizens.
“The court is concerned with the legality and constitutionality of legislative spending. Public procurement must not be arbitrary, wasteful and contrary to public interest,” he said.
The judge also took judicial notice of Nigeria’s economic hardship, noting that the allocation of such a huge sum to lawmakers reflected a failure to prioritise national interest.
“In this context, the allocation of N110 billion for the benefit of lawmakers demonstrates a failure to prioritise national interest,” he added.
The court subsequently ordered the leadership of the National Assembly, including Senate President Godswill Akpabio and Speaker Tajudeen Abbas, to ensure strict compliance with procurement laws, transparency, accountability and value-for-money principles in future spending.
Reacting to the judgment, the Committee for the Defence of Human Rights (CDHR) described the ruling as a “landmark victory” for accountability, transparency and good governance.
In a statement jointly signed by its National President, Comrade Yinka Folarin, and National Secretary, Comrade Idris Afeez Olayinka, the group said the decision reaffirmed that no arm of government is above the law.
“The judgment represents a beacon of hope for Nigerians seeking responsible governance and fiscal discipline,” the group said.
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