In a landmark judgment delivered on May 6, 2026, Justice Yellim Bogoro held that the allocation of N40bn for the purchase of 465 vehicles for lawmakers and N70bn as support allowances for newly elected members of the National Assembly breached the Public Procurement Act, the Code of Conduct for Public Officers and the lawmakers’ oath of office.
The suit, marked FHC/L/CS/1606/2023, was filed in August 2023 by the Socio-Economic Rights and Accountability Project (SERAP) against Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas following plans by the National Assembly to spend N110bn on the procurement of vehicles and allowances for lawmakers amid worsening economic hardship in the country.
Justice Bogoro ruled that the expenditure was “arbitrary, disproportionate and inconsistent with statutory procurement standards”, noting that the beneficiaries of the spending were the same officials who approved it.
“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 judge held.
The court further observed that the allocation failed to reflect national priorities at a time of widespread economic hardship.
“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 prioritise national interest,” Justice Bogoro said.
Rejecting the defendants’ argument that the court lacked jurisdiction because of legislative autonomy, the judge stated that the doctrine of separation of powers could not be used to shield unlawful actions.
“It should be noted that the doctrine of separation of powers does not operate as a shield for illegality. It is noteworthy to state that the Court is concerned on the legality and constitutionality of legislative spending,” she said.
Justice Bogoro also held that the expenditure undermined the fiduciary duty public officials owe Nigerians and was inconsistent with their constitutional oath of office.
The court found that the National Assembly failed to provide evidence of compliance with procurement procedures, competitive bidding requirements and value-for-money assessments.
“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 judge affirmed SERAP’s legal standing to institute the suit, noting that the law now recognises public interest litigation and allows non-governmental organisations to bring actions aimed at protecting public interest.
She also ruled that the case was not academic despite the funds having already been spent, stressing that courts can grant declaratory reliefs even after the completion of the act being challenged.
According to the judgment, SERAP argued that lawmakers planned to procure 465 bulletproof vehicles at about N305m each, bringing the total project cost to N110bn.
Consequently, the court issued declarations that the proposed N40bn vehicle procurement and the N70bn support allowance scheme breached constitutional and statutory provisions. It also ordered the National Assembly to ensure that all future procurement and expenditure of public funds strictly comply with due process and are guided by transparency, accountability and value for money.
Reacting to the judgment, SERAP Deputy Director, Kolawole Oluwadare, described the ruling as a major victory for transparency, accountability and responsible management of public resources.
“Justice Bogoro’s judgment demonstrates that public office is a public trust and that public funds must be used strictly in the public interest and in accordance with constitutional and statutory requirements,” he said.
Oluwadare urged the National Assembly leadership to comply with the judgment immediately, saying its implementation would strengthen the rule of law and public confidence in governance.
Also commenting on the judgment, human rights lawyer Femi Falana commended SERAP for securing the legal victory.
He said the ruling confirmed that the lavish lifestyle of some public officials could not be justified while many Nigerians continue to live in poverty.
Falana also called on the Revenue Mobilization Allocation and Fiscal Commission to enforce its constitutional powers over the salaries and allowances of National Assembly members and urged lawmakers to obey the court’s decision without delay.
According to him, curbing wasteful spending would free up resources for critical sectors such as security, intelligence gathering, law enforcement and social welfare programmes.
