SERAP, 20 Nigerians take legal action against Akpabio, Abbas over budget increase
Socio-Economic Rights and Accountability Project (SERAP) and 20 concerned Nigerians have initiated legal proceedings against Senate President Godswill Akpabio, Speaker of the House of Representatives Tajudeen Abbas, and other lawmakers.
The lawsuit challenges the unilateral and arbitrary increase of the allocation for lawmakers from N197 billion to N344 billion, representing the highest since the return of democracy in 1999.
Akpabio and Abbas are defendants in the suit, which was filed at the Federal High Court, Abuja, last Friday on behalf of SERAP and the concerned Nigerians by their lawyers, Kolawole Oluwadare and Andrew Nwankwo.
The plaintiffs seek the court’s determination on whether lawmakers can unilaterally increase their budget without the re-presentation of the budget by the Executive.
They also demand a declaration that such actions violate democratic principles, the separation of powers, and checks and balances.
The lawsuit highlights that the National Assembly, while exercising its legislative powers, increased the Appropriation Bill by N1.2 trillion, unilaterally raising allocations made to the National Assembly in the Appropriation Bill 2024 presented by the President from N197,932,625,616 billion to N344.85 billion. The President signed the ₦28.7 trillion Appropriation Bill 2024 into law on January 1, 2024. The 2024 Budget is in deficit of ₦9.18 trillion.
SERAP seeks an order of perpetual injunction restraining and preventing the National Assembly from unilaterally increasing its budget without the re-presentation of such appropriation/money bills by the President, in line with the Nigerian Constitution.
READ ALSO: Tinubu officially signs N28.7tn 2024 budget into law
The lawsuit argues that allowing the National Assembly to continue these arbitrary increases would fundamentally undermine the constitution, public trust, and the rule of law. The plaintiffs contend that such actions offend the Code of Conduct for Public Officers, the oath of office, and democratic principles.
The suit emphasizes the need for accountability and adherence to constitutional provisions to prevent the National Assembly from breaching the rule of law at the expense of millions of Nigerians living in poverty.
The lawsuit further points out that the Budget/Appropriation Act 2024 is yet to be gazetted, restricting public access to the gazetted 2024 Budget/Appropriation Act.
Additionally, it notes that the National Assembly did not submit the altered Appropriation Bill 2024 to the President for re-presentation before presenting it for assent.
