The Federal High Court in Lagos has nullified the controversial N110 billion expenditure approved by the National Assembly for the purchase of official vehicles and support allowances for lawmakers, declaring the spending unconstitutional and contrary to procurement laws.
In a landmark judgment delivered on May 6, 2026, Justice Yellim Bogoro ruled that the proposed N40 billion allocation for the procurement of 465 vehicles for members of the National Assembly and N70 billion earmarked as support allowances for newly elected lawmakers violated the Public Procurement Act, the Code of Conduct for Public Officers, and constitutional provisions guiding public office.
The suit, marked FHC/L/CS/1606/2023, was filed by the Socio-Economic Rights and Accountability Project (SERAP) against Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas, representing members of both legislative chambers.
Justice Bogoro directed Akpabio and Abbas to ensure that future procurement and expenditure by the National Assembly comply strictly with transparency, accountability, and value-for-money principles.
According to a certified true copy of the judgment obtained by SERAP, the court held that the scale of the expenditure and the absence of evidence showing compliance with due process rendered the spending 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 ruled.
Justice Bogoro further noted 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 constitutes a case of self-dealing and conflict of interest, she said.
The court also took judicial notice of Nigeria’s harsh economic realities and criticized the allocation of huge public funds to lawmakers while millions of citizens struggle with poverty and rising living costs.
In this context, the allocation of N110bn for the benefit of lawmakers demonstrates a failure to prioritise national interest,” the judge stated.
Justice Bogoro dismissed arguments by the defendants 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 held.
The judge also stressed that public office should not be used for personal enrichment and ruled that the conduct complained of violated the oath of office required under the Constitution.
SERAP instituted the suit in August 2023 after reports emerged that lawmakers planned to spend N40 billion on bulletproof vehicles and another N70 billion on support allowances despite worsening economic hardship.
The organization argued that the expenditure breached Section 57(4) of the Public Procurement Act 2007, Paragraph 1 of the Fifth Schedule to the Constitution, and provisions contained in the Seventh Schedule.
Although the National Assembly argued that the expenditure had already been implemented and that SERAP lacked the legal standing to sue, Justice Bogoro upheld the organization’s right to institute the case.
NGOs can institute actions to protect public interest. SERAP, being a public interest organisation committed to transparency and accountability, has demonstrated sufficient interest, the judge ruled.
She also dismissed objections relating to pre-action notice, citing the urgency and public importance of the matter.
On the substantive issues, the court held that the defendants failed to provide evidence showing 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. They have not rebutted the allegations specifically made, and as such they are deemed admitted,” Justice Bogoro said.
The court maintained that whenever legislative powers are exercised in a manner that violates constitutional or statutory provisions, the judiciary has both the jurisdiction and constitutional obligation to intervene.
Reacting to the ruling, SERAP Deputy Director Kolawole Oluwadare described the judgment 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.
Senior Advocate of Nigeria, Femi Falana, also praised the decision, saying it exposed the disconnect between political office holders and ordinary Nigerians battling 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 stated.
In a letter dated June 6, 2026, SERAP urged Senate President Godswill Akpabio and Speaker Tajudeen Abbas to immediately comply with the court judgment.
The Federal High Court granted three major reliefs, including declarations that the N40 billion vehicle procurement scheme and the N70 billion support allowance violated constitutional and statutory provisions, while directing the National Assembly to ensure that future spending strictly adheres to due process, transparency, accountability, and value-for-money standards.
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