The Federal High Court sitting in Lagos has, in a landmark judgment, declared unlawful the National Assembly’s controversial N110 billion vehicle and allowance schemes, ruling that the spending of N40 billion on 465 vehicles for lawmakers and N70 billion in support allowances for newly elected members breached procurement laws, constitutional obligations and the public trust.
The court also ordered the President of the Senate, Mr Godswill Akpabio and Speaker of House of Representatives, Mr Tajudeen Abbas “to ensure that all future procurements or expenditure of public funds by the National Assembly comply strictly with due process requirements and are also guided by the principles of transparency, accountability and value for money.”
The judgment was delivered on Wednesday, May 6, 2026 by Justice Yellim Bogoro in Suit No. FHC/L/CS/1606/2023 brought by the Socio-Economic Rights and Accountability Project (SERAP) against the National Assembly. The certified true copy of the judgment was obtained last week.
SERAP filed the lawsuit in August 2023 against Mr Akpabio and Mr Abbas, for themselves and on behalf of members of their respective chambers, following plans to spend N40 billion on 465 vehicles and N70 billion in allowances for new lawmakers amid worsening economic hardship across the country.
In her judgment, Justice Bogoro held that: “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 also held that: “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.”
“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 prioritize national interest.”
“The Defendants have urged the Court to decline jurisdiction on grounds of legislative autonomy. It should be noted that the doctrine of separation of powers does not operate as a shield for illegality. It is noteworthy to state that the Court is concerned on the legality and constitutionality of legislative spending.”
“The allocation of N110 Billion for the benefit of lawmakers also undermines the fiduciary duty owed to the Nigerian people. 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.”
“The gravemen of SERAP’s case is that the planned use of the N40 Billion for procurement of vehicles and N70 Billion as support allowances under the Supplementary Appropriation Act 2022 (signed in 2023) is unlawful and in breach of Section 57(4) of the Public Procurement Act, 2007; paragraph 1 Part 1, Fifth Schedule (Code of Conduct for Public Officers) and Oath of Office under the Seventh Schedule of the Nigerian Constitution 1999 [as amended].
“On whether SERAP has locus standi to have brought this suit, I will state that the law has now evolved to recognize public interest litigation. NGOs (as SERAP in this suit) can institute actions to protect public interest.”
“From the facts deposed and given the nature of the suit, SERAP being a public interest organization 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.”
“I agree with SERAP where it did submit that the Defendants, having admitted that whatever vehicles acquired are for official purposes and the use of appropriated funds are for judicious purposes, have admitted that a huge sum of monies was appropriated for the purchase of exotic cars and funds were provided for lawmakers in the 2022 Supplementary Act for the inauguration expenses of new members.”
“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 as such they are deemed admitted.”
“I therefore hold that the proposed expenditure is in breach of Section 57 (4) of the Public Procurement Act 2007. On the Code of Conduct for Public Officers, paragraph 1 of the Fifth Schedule requires that Public Officers shall not place themselves in position of conflict, they shall not abuse their office for special benefit.”
“In view of this, I hold the view that the proposed expenditure is in breach of the Code of Conduct for Public Officers. Under the Seventh Schedule, members of the National Assembly swear to discharge duties faithfully, and act in the interest of the Federal Republic of Nigeria.”
“Where the exercise of legislative powers violates the Constitution or Statutory provisions, the Court not only has jurisdiction but a constitutional duty to intervene.”
“SERAP has sought for declaratory and injunctive reliefs, it is to be noted that declaratory reliefs are granted where the Plaintiff establishes entitlement by credible evidence. Having found that the Defendants acted in breach of the Public Procurement Act, the Code of Conduct Act and the Oath of Office, I am of the strong view that the Plaintiff has successfully discharged this burden.”
SERAP deputy director Kolawole Oluwadare said: “This landmark judgment is a major victory for transparency, accountability and responsible management of public resources in Nigeria.”
“We commend Justice Bogoro for her courage, independence and sound reasoning in reaffirming the principles of accountability, transparency, due process and value for money in public spending.”
Commenting on the judgment, Femi Falana, SAN, said: “The SERAP deserves commendation for this legal victory. It has confirmed that the decision of the members of the executive and legislature to live in obscene opulence while the people are forced to live in poverty cannot be justified.”
“The Revenue Mobilization Allocation and Fiscal Commission should study the carefully judgment and enforce section 70 of the Constitution which empowers it to fix the salaries and allowances of the members of the National Assembly.”
