The Federal High Court in Lagos has declared unlawful the controversial N110 billion expenditure approved by the National Assembly for lawmakers’ vehicles and support allowances, ruling that the spending violated procurement laws, constitutional provisions and the principles of transparency and accountability.
In a landmark judgment delivered on May 6, 2026, Justice Yellim Bogoro nullified the proposed N40 billion allocation for the purchase of 465 vehicles for members of the National Assembly and N70 billion earmarked as support allowances for newly elected lawmakers.
The suit, marked FHC/L/CS/1606/2023, was instituted by the Socio-Economic Rights and Accountability Project (SERAP) against Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas on behalf of members of both chambers.
Justice Bogoro held that the expenditure contravened the Public Procurement Act, the Code of Conduct for Public Officers and the oath of office prescribed by the Constitution.
The judge also directed Akpabio and Abbas to ensure that all future procurements and expenditure of public funds by the National Assembly strictly comply with due process and are guided by transparency, accountability and value-for-money principles.
According to the certified true copy of the judgment obtained by SERAP, the court found that the huge expenditure and the inability of the defendants 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, Justice Bogoro ruled.
The court further held 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, the judge stated.
Justice Bogoro also took judicial notice of the prevailing economic hardship facing Nigerians and faulted the allocation of public resources to lawmakers while millions of citizens grapple with rising costs of living.
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 N110 billion for the benefit of lawmakers demonstrates a failure to prioritise national interest,” she said.
Rejecting the defendants’ argument that the doctrine of separation of powers shielded the legislature from judicial scrutiny, the judge maintained that the court had a constitutional duty to intervene where legislative powers were exercised contrary to the law.
“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 held.
Justice Bogoro added 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 said.
SERAP had approached the court in August 2023 following reports that lawmakers planned to spend N40 billion on 465 bulletproof vehicles and another N70 billion as support allowances for newly elected members despite worsening economic conditions in the country.
The organisation argued that the spending violated Section 57(4) of the Public Procurement Act 2007, Paragraph One of the Fifth Schedule to the Constitution and the oath of office contained in the Seventh Schedule.
In response, the National Assembly argued that the expenditure had already been implemented and was therefore academic. It also challenged SERAP’s legal standing and contended that the organisation failed to issue the required pre-action notice.
However, Justice Bogoro upheld SERAP’s right to institute the suit, 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 ruled that the National Assembly failed to provide evidence of compliance with procurement procedures, competitive bidding and value-for-money assessments.
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.
Reacting to the judgment, SERAP Deputy Director Kolawole Oluwadare described the decision as a major victory for transparency and responsible management of public resources.
This landmark judgment is a major victory for transparency, accountability and responsible management of public resources in Nigeria, he said.
According to Oluwadare, the judgment reaffirmed that public office is a public trust and that public funds must be utilized strictly in the public interest and in accordance with constitutional and statutory provisions.
Senior Advocate of Nigeria, Femi Falana, also welcomed the ruling, saying it highlighted the disconnect between public office holders and ordinary Nigerians struggling with economic hardship.
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 called on the Revenue Mobilizations Allocation and Fiscal Commission to enforce Section 70 of the Constitution by fixing the salaries and allowances of members of the National Assembly and urged lawmakers to comply with the court’s decision without delay.
In a letter dated June 6, 2026, SERAP urged Senate President Akpabio and Speaker Abbas 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 stated.
The court granted three principal reliefs, including declarations that the N40 billion vehicle procurement scheme and the N70 billion support allowance 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.
