More
than 1,500 concerned Nigerians, Socio-Economic Rights and
Accountability Project (SERAP), BudgIT and Enough is Enough Nigeria
(EiE) have filed a lawsuit asking the Federal High Court to
“restrain, prevent and stop the National Assembly Service
Commission from paying the incoming members of the 9th National
Assembly individually and/or collectively over N4.68 billion as
‘welcome package’.”
SERAP,
BudgIT and EiE, suing for themselves and on behalf of 1,522 concerned
Nigerians, stated that: “The Revenue Mobilization, Allocation and
Fiscal Commission (RMAFC) has failed to do any downward review of
salaries and allowances of members of the National Assembly since
2007 in spite of the economic downturn in Nigeria. Yet, the
commission is statutorily required to review the pay of the
lawmakers, in conformity with the country’s economic realities and
to achieve fiscal efficiency.”
In
the suit number FHC/L/CS/943/2019 filed
last Friday before the Federal High Court in Lagos, the plaintiffs
argued: “Given many years of extreme poverty in the country, and
the inability of several state governments to pay salaries of workers
and pensions, the refusal or failure of the Revenue Mobilization,
Allocation and Fiscal Commission to review and cut the salaries and
allowances of members of the National Assembly is a gross violation
of the 1999 Nigerian Constitution (as amended) and the commission’s
own Act.”
Joined
as defendants in the suit are the Senate President, Speaker of the
House of Representatives, National Assembly Service Commission and
Revenue Mobilization Allocation and Fiscal Commission (RMAFC).
The
plaintiffs also argued that: “The duty of the RMAFC to review the
salaries and allowances of members of the National Assembly is
mandatory and the Commission cannot choose not to comply. Therefore,
the failure or refusal by the Commission to comply with its own Act
amounts to arbitrariness.”
The
suit read in part: “Unless the reliefs sought by the plaintiffs are
granted, the defendants and members of the National Assembly will
continue to benefit from these outrageous salaries and allowances, in
breach of the law and at the expense of millions of Nigerians living
in extreme poverty.”
“The
amounts budgeted as payment for furniture and accommodation allowance
to members of the 9th National
Assembly negates the oath of office under the Seventh Schedule of the
1999 Constitution by members to perform their functions in the
interest of the well-being and prosperity of Nigeria.”
“The
National Assembly comprises of 469 members – with 109 in the Senate
and 360 in the House of Representatives. These public officers form a
very tiny percentage of about 200 million Nigerians. Members are
still eligible to collect huge sums of money as monthly allowances
and severance pay at the end of their respective terms.”
“The
RMAFC is required to advise the Federal, State and Local Governments
on fiscal efficiency and methods by which their revenue is to be
increased. Prescribing N9,926,062.5 and N10,132,000:00 to members of
the House of Representatives and Senate respectively, as furniture
and accommodation allowance, is not in tandem with the Commission’s
statutory mandate and advisory roles on fiscal efficiency.”
“The
action of members of the National Assembly in ‘rubber-stamping’
the passage of the Certain Political, Public and Judicial Office
Holders [Salaries and Allowances] [Amendments] Act 2008 is also in
clear breach of the Code of Conduct for Public Officers, particularly
paragraph 1 of the Code of Conduct for Public Officers which provides
that ‘a public officer shall not put himself in a position where
his personal interest conflicts with his duties and
responsibilities’.”
“It
can be inferred that in passing the Certain Political, Public and
Judicial Office Holders [Salaries and Allowances] [Amendments] Act
2008, members of the National Assembly more or less appropriated
these payments as allowance to themselves, thereby bringing about
conflict of their personal interests with national interest of fiscal
efficiency, a conflict eventually resolved in favour of personal
interest.”
“Section
70 of the Nigerian Constitution provides that a member of the Senate
or the House of Representatives shall receive such salary and other
allowances as the RMAFC may determine.”
“The
initial statute regulating the pay and allowances of members of the
National Assembly was the Certain Political, Public and Judicial
Office Holders [Salaries and Allowances] Act 2002, which was amended
in 2007. The Certain Political, Public and Judicial Office Holders
[Amendments] Act 2008 prescribed the current pay and allowances of
members of the National Assembly.”
The
plaintiffs therefore are seeking the following reliefs from the
court:
.A
DECLARATION that
the sum of N10,132,000:00 and N9,926,062.5 allotted to each Senator
and Member of the House of Representatives respectively as furniture
and accommodation allowance is in breach of the Code of Conduct for
Public Officers [Fifth Schedule Part 1] of the Constitution of
Nigeria 1999, oath of office [Seventh Schedule] of the Constitution
of Nigeria 1999 and Section 6[1] of the RMAFC Act 2004.
.A
DECLARATION that
the prescription of the sum of N10,132,000:00 and N9,926,062.5 for
each Senator and Member of the House of Representatives respectively
as furniture and accommodation allowance by the Revenue Allocation
Mobilization and Fiscal Commission is in breach of Section 70 of the
Constitution of Nigeria 1999 and Section 6[1][b][c][d] of the Revenue
Mobilization Allocation and Fiscal Commission Act 2004.
.AN
ORDER compelling
the Revenue Mobilization Allocation and Fiscal Commission to review
and reduce the amount prescribed for each Senator and Member of the
House of Representatives respectively as furniture and accommodation
allowance in accordance with Section 6[1] of the Revenue Mobilization
Allocation and Fiscal Commission Act 2004.
.AN
ORDER restraining,
preventing and stopping the National Assembly Service Commission from
paying the sum of N10,132,000:00 and N9,926,062.5 to each
Senator and Member of the House of Representatives respectively as
furniture and accommodation allowance until the downward review of
the pay and allowances of the members of the 1st and 2nd Defendants
by the Revenue Mobilization Allocation and Fiscal Commission.
.AN
ORDER restraining,
preventing and stopping all members of the Senate and the House of
Representatives from collecting or demanding the sum of
N10,132,000:00 and N9,926,062.5 as furniture and accommodation
allowance due to each Senator and Member of the House of
Representatives respectively until the downward review of the pay and
allowances of the members of the 1st and 2nd Defendants by the
Revenue Mobilization Allocation and Fiscal Commission.
.ANY
ORDER(S) that
the Court may deem fit to make in the circumstance of this suit.
No
date has been fixed for the hearing of the suit.
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