A Federal High Court sitting in Lagos has declared unlawful the controversial N110 billion expenditure by the National Assembly on vehicles and support allowances for lawmakers.
The court held that the spending of N40 billion on 465 vehicles and N70 billion as support allowances for newly elected members of the Senate and House of Representatives violated procurement laws, constitutional provisions and the public trust.
Justice Yellim Bogoro delivered the judgment on May 6, 2026, in Suit No. FHC/L/CS/1606/2023 filed by the Socio-Economic Rights and Accountability Project (SERAP) against the National Assembly.
The certified true copy of the judgment was made available on Sunday.
The court also directed the Senate President, Godswill Akpabio, and the Speaker of the House of Representatives, Tajudeen Abbas, to ensure that all future procurement processes and expenditure of public funds by the National Assembly strictly comply with due process and are guided by transparency, accountability and value for money.
SERAP had approached the court in August 2023 after the National Assembly approved plans to spend N40 billion on vehicles and N70 billion on allowances for lawmakers amid widespread economic hardship in the country.
In her judgment, Justice Bogoro ruled that the expenditure was arbitrary and inconsistent with statutory procurement standards.
“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 held.
The court further found that the lawmakers who approved the expenditure were also the beneficiaries, describing the arrangement as self-dealing and a conflict of interest.
“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,” Justice Bogoro said.
The judge noted Nigeria’s prevailing economic challenges, stating that allocating N110 billion for lawmakers’ benefit reflected a failure to prioritise the national 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 prioritise national interest,” she added.
Justice Bogoro also dismissed arguments by the defendants that legislative autonomy shielded the expenditure from judicial scrutiny.
According to her, the doctrine of separation of powers cannot be used as a cover for illegality, stressing that courts retain the authority to examine the legality and constitutionality of legislative spending.
The court held that the allocation undermined the fiduciary duty owed by public officials to Nigerians and was inconsistent with the oath of office.
On the issue of jurisdiction, the court ruled that SERAP had the legal standing to institute the suit, noting that the law now recognises public interest litigation and allows non-governmental organisations to seek judicial remedies on matters of public concern.
Justice Bogoro further held that the absence of a pre-action notice was not fatal to the case, citing exceptions applicable to urgent matters and cases involving public interest.
The court declared that the vehicle procurement and support allowances violated provisions of the Public Procurement Act 2007, the Code of Conduct for Public Officers and constitutional oath requirements.
Reacting to the judgment, SERAP Deputy Director, Kolawole Oluwadare, described the ruling as “a major victory for transparency, accountability and responsible management of public resources in Nigeria.”
According to him, the judgment reinforces the principle that “public office is a public trust.”
Human rights lawyer, Femi Falana (SAN), also commended the decision, saying lawmakers’ extravagant spending amid economic hardship could not be justified.
Falana urged the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) to fully exercise its constitutional responsibility regarding the remuneration and benefits of public office holders.
