The Federal High Court in Lagos has declared the National Assembly’s planned N110 billion expenditure on vehicles and allowances for lawmakers unlawful, ruling that the spending violated Nigeria’s procurement laws, constitutional provisions, and public accountability standards.,The Punch reports
In a judgment delivered on May 6, 2026, Justice Yellim Bogoro held that the proposed allocation—comprising N40 billion for 465 official vehicles and N70 billion in support allowances for newly elected lawmakers—failed to comply with due process requirements under the Public Procurement Act and breached the Code of Conduct for Public Officers.
The case, FHC/L/CS/1606/2023, was filed by the advocacy group Socio-Economic Rights and Accountability Project (SERAP) against Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas.
Court: Lawmakers Benefited From Self-Approved Spending
Delivering judgment, Justice Bogoro said the scale and structure of the expenditure raised serious legal and ethical concerns, particularly because lawmakers were direct beneficiaries of the allocations they approved.
She ruled that the absence of evidence showing competitive procurement processes rendered the spending unlawful.
“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,” she held.
The court further described the arrangement as a clear conflict of interest, stating:
“The beneficiaries of the expenditure are the very officials approving it… This constitutes a case of self-dealing and conflict of interest.”
Economic Context and Public Interest Concerns
Justice Bogoro noted Nigeria’s prevailing economic conditions, citing widespread hardship and financial strain among citizens. She held that approving large-scale spending for lawmakers under such circumstances failed the test of public interest and fiscal responsibility.
“The allocation of N110bn for the benefit of lawmakers demonstrates a failure to prioritise national interest,” she stated.
Separation of Powers Not a Shield for Illegality
Rejecting arguments that the judiciary could not intervene in legislative financial decisions, the court held that constitutional oversight extends to all public institutions.
“The doctrine of separation of powers does not operate as a shield for illegality,” the judge ruled.
She added that public office carries fiduciary obligations and must be exercised in good faith and within constitutional limits.
SERAP’s Standing Upheld
The court also affirmed SERAP’s legal standing to bring the case, reinforcing the role of public interest litigation in governance accountability.
Justice Bogoro ruled that civil society organisations could challenge public expenditure where issues of transparency and constitutional compliance arise.
She dismissed objections that the case was academic or procedurally defective, stating that urgency and public interest justified judicial intervention.
Failure to Prove Procurement Compliance
The court found that the National Assembly failed to demonstrate compliance with procurement procedures, including competitive bidding and value-for-money assessment.
“The defendants have failed to provide any credible evidence of compliance with procurement procedure,” the judgment stated.
Orders of the Court
The court granted key reliefs sought by SERAP, including:
- A declaration that the N40bn vehicle procurement is unlawful
- A declaration that the N70bn allowance package violates statutory and constitutional provisions
- A directive for future National Assembly expenditures to strictly comply with transparency, accountability, and procurement laws
Reactions
SERAP Deputy Director Kolawole Oluwadare described the ruling as a landmark victory for fiscal accountability.
He said the judgment reaffirmed that “public office is a public trust” and that public funds must serve national priorities such as education, healthcare, and security rather than personal benefits.
Human rights lawyer Femi Falana also welcomed the decision, saying it highlighted the disconnect between political leadership and citizens facing economic hardship.
He urged relevant institutions to enforce compliance and ensure lawmakers align their remuneration and spending with constitutional provisions.
Business and Governance Impact
The ruling is expected to:
- Intensify scrutiny of legislative spending and budgetary practices
- Strengthen judicial oversight of public finance management
- Renew debate on governance costs amid Nigeria’s fiscal constraints
- Increase pressure for procurement reform and transparency in public institutions
The judgment marks one of the most significant judicial interventions in Nigeria’s legislative expenditure framework in recent years, with potential implications for governance accountability and public sector spending oversight.
