News

February 5, 2023

SERAP sues NASS over failure to cut illegal N228.1bn budget

Lawan and Gbajabiamila

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By Olasunkanmi Akoni

Socio-Economic Rights and Accountability Project, SERAP, has sued the Senate President, Dr Ahmad Lawan and Speaker of the House of Representatives, Mr Femi Gbajabiamila over what it called “failure to cut the unlawful National Assembly budget of N228.1billion,” including the N30.17 billion severance payments and inauguration costs for members.

The suit followed the move by the National Assembly to increase its 2023 budget from N169 billion proposed by President Muhammadu Buhari to N228.1 billion.

The approved budget showed an increase of about N59.1 billion. The country’s budget of N21.83 trillion is based on a N10.49 trillion revenue, and N11.34 trillion deficit.

In the suit filed last Friday at the Federal High Court in Abuja, by its lawyers, Kolawole Oluwadare and Ms Atinuke Adejuyigbe, SERAP is seeking: “an order of mandamus to direct and compel Dr Lawan and Mr Gbajabiamila to review and reduce the budget of N228.1bn the leadership and members of the National Assembly allocated for their own benefit.”

SERAP is also seeking: “An order restraining and stopping Ms Zainab Ahmed, Minister of Finance, Budget and National Planning from releasing to the National Assembly the budget of N228.1billiion, until an impact assessment of the spending on access to public goods and services and the country’s debt crisis, is carried out.

“An order restraining and stopping Dr Lawan and Mr Gbajabiamila from demanding or collecting the National Assembly budget of N228.1billion, until an impact assessment of the spending on access to public goods and services and the country’s debt crisis, is carried out.”

In the suit, SERAP is arguing that: “It is a grave violation of the public trust and constitutional oath of office for the members of the National Assembly to increase their own budget at a time when some 133 million Nigerians are living in poverty.”

According to SERAP: “The National Assembly budget of N228.1bn is higher than the statutory transfer to the Universal Basic Education Commission (UBEC), which is N103.3billion.”

“The increase is unreasonable, as it would substantially increase the cost of governance, and exacerbate the country’s debt crisis. It is unlawful, and unfair to the Nigerian people.

“Cutting the National Assembly budget would reduce the growing budget deficit, address the unsustainable debt burden, and serve the public interest.

“By increasing its own budget, the National Assembly has unjustifiably and disproportionately reduced the budget for the Universal Basic Education Commission (UBEC).”

SERAP maintained that, “This is a travesty, especially given that Nigeria currently has over 20 million out-of-school children, and half of all poor people in the country are children.”

The suit read in part: “The budget should reflect national development priorities, and not serve as a tool to satisfy the lifestyle of lawmakers or provide them with severance payments or parting gifts.

“Rather than exercising its oversight functions to check the persistent borrowing by President Muhammadu Buhari, and scrutinising the apparently unlawful overdrafts and loans obtained by the Federal Government from the Central Bank of Nigeria, the National Assembly is increasing its own budget.

“The increase in the National Assembly budget, including the unnecessary proposed spending of N30.17bn on ‘severance payments’ and ‘inauguration expenses’ is a fundamental breach of the Nigerian Constitution of 1999 [as amended] and the country’s international human rights obligations.”

Joined in the suit as Defendants are: President Muhammadu Buhari; the Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN; and the Minister of Finance, Budget and National Planning, Zainab Ahmed.