The Federal High Court sitting in Lagos has declared the National Assembly’s N110 billion vehicle and allowance expenditure scheme unlawful, ruling that it violated procurement laws, constitutional provisions, and the principles of public accountability.
The court held that the N40 billion spent on 465 vehicles for lawmakers and the N70 billion allocated as support allowances for newly elected members did not comply with due process and fell short of transparency and value-for-money standards required in public spending.
The judgment was delivered on Wednesday, May 6, 2026, by Justice Yellim Bogoro in Suit No. FHC/L/CS/1606/2023, filed by the Socio-Economic Rights and Accountability Project (SERAP) against the National Assembly. A certified true copy of the judgment was obtained last week.
SERAP had instituted the suit in August 2023 against Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas, challenging the planned expenditure amid prevailing economic hardship in the country.
The court found that the procurement process lacked demonstrable due process and was inconsistent with statutory standards, describing the expenditure as arbitrary and disproportionate.
It further held that the arrangement amounted to self-dealing and conflict of interest, noting that the beneficiaries of the expenditure were the same officials responsible for approving it.
The court also directed Akpabio and Abbas to ensure that all future procurement and expenditure of public funds by the National Assembly strictly adhere to due process requirements and are guided by transparency, accountability, and value-for-money principles.
Justice Bogoro’s judgment, read in part: “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 Defendants have urged the Court to decline jurisdiction on grounds of legislative autonomy. 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.”
The judge ruled that public office must not be used for personal enrichment and that lawmakers are bound by constitutional limits, noting that the conduct surrounding the expenditure was inconsistent with the oath of office.
The court also identified key issues raised by both parties, including jurisdiction, locus standi, pre-action notice, and whether the case had been overtaken by events. It held that the SERAP had the legal standing to institute the case, recognising the role of public interest litigation in promoting accountability.
On the issue of pre-action notice, the court held that while such notice is generally required, exceptions apply in urgent and public interest matters. It noted that SERAP had written to the defendants before filing the suit, but received no response, and found that this supported its position.
The court also dismissed arguments that the case had become academic due to the funds already being spent, ruling that declaratory reliefs remain valid where constitutional questions are raised.
On the merits of the case, the court found that SERAP had sufficiently demonstrated that the planned expenditure of N40 billion on vehicles and N70 billion in allowances lacked evidence of due process, competitive bidding, or value-for-money compliance.
It further held that the defendants failed to rebut the allegations or provide credible proof of compliance with procurement procedures, and that this failure weighed against them.
Justice Bogoro concluded that the expenditure breached the Public Procurement Act, the Code of Conduct for Public Officers, and constitutional provisions governing the conduct of lawmakers. He held that the arrangement created a conflict of interest, as lawmakers directly benefited from decisions they approved.
The court affirmed that it has the authority and duty to intervene where legislative actions violate the Constitution or statutory provisions, and granted SERAP’s reliefs, upholding the challenge to the expenditure scheme.
SERAP deputy director Kolawole Oluwadare said: “This landmark judgment is a major victory for transparency, accountability and responsible management of public resources in Nigeria.
“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.
“We commend Justice Bogoro for her courage, independence and sound reasoning in reaffirming the principles of accountability, transparency, due process and value for money in public spending.
“The judgment comes at a critical time when millions of Nigerians are facing severe economic hardship, poverty and insecurity. Every naira diverted to unlawful or wasteful spending is a naira denied to education, healthcare, social protection and security.”
Commenting on the judgment, Femi Falana, SAN, said, “The SERAP deserves commendation for this legal victory. It has confirmed that the decision of the members of the executive and legislature to live in obscene opulence while the people are forced to live in poverty cannot be justified.
“The Revenue Mobilization Allocation and Fiscal Commission should study the carefully judgment and enforce section 70 of the Constitution which empowers it to fix the salaries and allowances of the members of the National Assembly.
“The National Assembly must obey the judgment of the Court without any further delay.”
“Addressing wasteful spending would free up substantial funds that can be invested in tackling the escalating insecurity across the country, improving intelligence gathering, strengthening law enforcement institutions, supporting vulnerable communities and addressing the root causes of insecurity,” he added.
In the letter dated June 6 2026 sent to Mr Akpabio and Mr Abbas, SERAP deputy director Oluwadare said: “We urge you and members of the Senate and House of Representatives to demonstrate commitment to the rule of law by immediately obeying and respecting the judgment of the Court.
“The immediate implementation of the judgment by the National Assembly will be a victory for the rule of law, transparency and accountability in the governance processes and management of public resources including the N110 billion.
“SERAP urges you to make a clean break with the past and take clear and decisive steps that demonstrate the National Assembly’s commitment to the rule of law, transparency and accountability in the governance processes.”
Justice Bogoro issued declarations and orders against Senate President Akpabio, Speaker Abbas, and members of the National Assembly.
He held that the plan to spend ₦40 billion on 465 bullet‑proof vehicles for lawmakers violates the Public Procurement Act, the Code of Conduct for Public Officers, and their constitutional oath of office.
He further declared that the allocation of ₦70 billion as “support allowance” for new legislators in the 2022 Supplementary Appropriation Act breaches lawmakers’ constitutional obligations to uphold their oath and protect the welfare of Nigerians.
Finally, the court directed the defendants to ensure that all future spending of public funds strictly follows due process, transparency, accountability, and value‑for‑money principles.
(SaharaReporters)
