1,522 Nigerians, SERAP, BudgIT, EiE want court to stop NASS N4.68bn ‘welcome package’

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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:

1. 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.

2. 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.

3. 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.

4. 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

5. 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.

6. 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.

http://serap-nigeria.org/1522-nigerians-serap-budgit-eie-want-court-to-stop-nass-n4-68bn-welcome-package.ngo/

Very good.

Our Judiciary may not accent to this because of their own dubious allocations......9Ja is a scam!!

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Very very good.
This is on behalf of over 180 million concerned Nigerians and not just the 1522 as quoted above.

Shouldn't the lawmakers be sensitive enough to cut down these extravagant spendings without necessarily being dragged to court.

What moral rights would they have to scrutinize the spendings of the executives which are also shrouded in secrecy?

Why can't we all just delve into politics at all levels?


Imagine billions to be shared as welcome package.


Wait a minute.......I think I just got an erection reading that.



Nigeria is the best country in the world.

Smh. Our major source of income is oil, oil price is on a low and we hardly produce oil commensurate with our capacity.

Bottom line: money no dey. Yet, some people appropriate for themselves over N4bn for a freshers’ welcome party. And they probably won’t be stopped.


I’m angry and sad. This country is depressing.

Nigeriaaaaaaaaa

Can you imagine this fuckery

Our democracy is just damm too expensive

apriko:
Our Judiciary may not accent to this because of their own dubious allocations......9Ja is a scam!!

The judiciary won't accent to it, no doubt.

Nigeria is a cursed corrupt hell hole.

The effort of SERAP and BudgIT is commended.

Which administration started this welcome packages...?Haba!

i HAVE NO ISSUES with this.....BUT lets start from State Exco's, The Presidency and our LGA'S....too much focus on what NASS gets doesn't make sense to me....they don't have near absolute control over our finances like the executives DO

May God Almighty Punish Those people wey wan collect/Share dis money

Millions of Nigerians are there suffering but you gat nothing/ Vision to do About it;

30K Minimum wage...na still dey debate say you no fit pay

work Never start for una...Una wan Share billions among Una self



So Selfish and Vision less Set of Leaders.

May Allah Punish una Again

O ga o

This country we take one step forward and a 10 steps backward.

And the foolish corpers and dumb youths that voted for them think there is any difference btw them.
Anyway naira marley is our problem
Awon ode

These groups should also sue the AGF for withdrawing Gojes's case from EFCC.

na wa

This is a topic we're supposed to inform people about, hashtag about, share to friends and colleagues. It is a start that may result in serious toning of excessive spending by governmental arms

Only if we do I..but some people will carry naira Marley and irrelevant news for head while our treasury is being looted in broad daylight

Make I hear sey e work when the executives and judiciaries know what they will benefit from the legislative arm

Why have we not talked about President and vice president welcome package. At least let the president lead by example

Year in year out, same old same.

Why won't they kill to make it there.

How much did they spend to get in They must recoup their cash na

Welcome bonus
Sitting allowance
Sleeping allowance
Oversight function allowance
Committee allowance
Security staff allowance
Personal staff allowance
Car allowance
Furniture allowance

Damn

When will God free Nigerians from this bondage we call politicians. Are these pple there to serve the pple or to serve their mouth and pocket. All this excessive spending won't take us anywhere and before you know it they will be begging China for loan again . God where is thy face

Ruddyman:
i HAVE NO ISSUES with this.....BUT lets start from State Exco's, The Presidency and our LGA'S....too much focus on what NASS gets doesn't make sense to me....they don't have near absolute control over our finances like the executives DO

My sentiment exactly people forget that President is getting times 3 of whatever national assemble are getting

There is no APC nor PDP when it comes to such package.

#10 mil. monthly for senate & #9 mil. monthly for reps ! this is outrageous outrageous. and the deceitful govt. is busy shamelessly giving #10k loan to traders. Why are we so wicked in this country.

Its high time the national Assembly is made less attractive

Nigeria had been mortgaged