The Federal High Court in Lagos has declared unlawful the National Assembly’s controversial N110bn expenditure on vehicles and allowances for lawmakers, holding that the spending violated procurement laws, constitutional obligations and the public trust.
In a judgment delivered on May 6, 2026, Justice Yellim Bogoro ruled that the planned expenditure of N40bn for the procurement of 465 vehicles for members of the National Assembly and N70bn in support allowances for newly elected lawmakers breached the provisions of the Public Procurement Act, the Code of Conduct for Public Officers and the oath of office prescribed by the Constitution.
The suit, marked FHC/L/CS/1606/2023, was instituted by the Socio-Economic Rights and Accountability Project against Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas on behalf of members of both chambers.
Justice Bogoro also directed Akpabio and Abbas to ensure that all future procurements and expenditures of public funds by the National Assembly strictly comply with due process requirements and are guided by transparency, accountability and value for money.
According to the certified true copy of the judgment obtained by SERAP last week, the court held that the scale of the expenditure and the failure to demonstrate compliance with due process rendered the procurement unlawful.
“Looking at the magnitude of the expenditure, coupled with the absence of demonstrable due process, leads me to conclude that the procurement is arbitrary, disproportionate and inconsistent with statutory procurement standards,” the judge held.
Justice Bogoro further found that lawmakers stood to benefit directly from the expenditure they approved.
“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,” she held.
The court took judicial notice of the economic challenges facing Nigerians and criticised the allocation of public funds for lawmakers’ benefit amid widespread 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 N110bn for the benefit of lawmakers demonstrates a failure to prioritise national interest,” Justice Bogoro stated.
She rejected the defendants’ argument that the doctrine of separation of powers shielded the National Assembly from judicial scrutiny.
“The doctrine of separation of powers does not operate as a shield for illegality. The court is concerned with the legality and constitutionality of legislative spending,” she said.
The judge further ruled that the expenditure undermined the fiduciary duty public officers owe Nigerians.
“Public office must not be used for personal enrichment. Public officers must act within constitutional boundaries and in good faith. I hold that the conduct complained of is inconsistent with the oath of office,” she added.
SERAP had approached the court in August 2023 after reports emerged that lawmakers planned to spend N40bn on 465 bulletproof vehicles and N70bn in support allowances for newly elected members at a time of worsening economic hardship.
The organisation argued that the spending violated Section 57(4) of the Public Procurement Act 2007, Paragraph 1 of the Fifth Schedule to the Constitution, and the oath of office contained in the Seventh Schedule.
In its defence, the National Assembly contended that the expenditure was lawful, duly appropriated and had already been implemented, making the suit academic.
It also challenged SERAP’s standing to sue and argued that the group failed to serve the required pre-action notice.
However, Justice Bogoro upheld SERAP’s right to bring the action, affirming the growing recognition of public interest litigation in Nigeria.
“NGOs can institute actions to protect public interest. SERAP, being a public interest organisation committed to transparency and accountability, has demonstrated sufficient interest.
“I, therefore, hold that SERAP has locus standi to sue, as the matters are of undeniable public concern,” she ruled.
The court also dismissed objections relating to pre-action notice, holding that the matter involved urgency and significant public interest concerns.
On the substantive issues, the judge found that the National Assembly failed to provide evidence of compliance with procurement procedures.
“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, and as such they are deemed admitted,” she said.
Justice Bogoro consequently held that the planned expenditure breached the Public Procurement Act and the Code of Conduct for Public Officers.
“Where the exercise of legislative powers violates the Constitution or statutory provisions, the court not only has jurisdiction but a constitutional duty to intervene,” she stated.
Following the judgment, SERAP Deputy Director, Kolawole Oluwadare, described the decision as a significant victory for accountability in public finance management.
“This landmark judgment is a major victory for transparency, accountability and responsible management of public resources in Nigeria,” Oluwadare said.
He added that the ruling reaffirmed 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.”
“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.”
Senior Advocate of Nigeria, Femi Falana, also welcomed the judgment, saying it exposed the disconnect between public officeholders and the suffering of ordinary Nigerians.
“SERAP deserves commendation for this legal victory. It has been confirmed that the decision of members of the executive and legislature to live in obscene opulence while the people are forced to live in poverty cannot be justified,” Falana said.
He urged the Revenue Mobilisation Allocation and Fiscal Commission to enforce Section 70 of the Constitution by fixing the salaries and allowances of members of the National Assembly and called on the legislature to comply with the court’s decision without delay.
In a letter dated June 6, 2026, addressed to Akpabio and Abbas, SERAP urged the leadership of the National Assembly to immediately implement the judgment.
“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,” Oluwadare said.
The court granted three principal reliefs, including declarations that the N40 bn vehicle procurement scheme and the N70 bn support allowance for lawmakers violated constitutional and statutory provisions, as well as an order directing the National Assembly to ensure that future spending complies with due process, transparency, accountability and value-for-money principles.
