Palliative Of N110bn For National Assembly Members Is Unlawful And Disgraceful – Femi Falana
The members of the National Assembly, regardless of their political affiliation, colluded to violate the pertinent provisions of the Federal Republic of Nigeria Constitution of 1999 by padding the Supplementary Appropriation Bill, 2023 to provide the so-called palliative of N70 billion for 306 newly elected members. This was done out of blatant insensitivity and impunity.
The National Assembly has given each of the newly elected legislators N228.7 million, despite the fact that the majority of Nigerians are writhing in agony due to the severe economic hardships the ruling class has inflicted upon them.
As if that weren’t enough, the National Assembly’s members have set aside N40 billion to buy 465 Sports Utility Vehicles (SUVs) and armored automobiles for top officials and members. However, in a nation where the National Bureau of Statistics reports that “62.9 percent of people (133 million) are multidimensionally poor,” the legislators approved the sum of N500 billion for 12 million destitute persons.
The National Assembly’s callous and insensitive actions are a clear violation of Section 70 of the Federal Republic of Nigeria’s 1999 Constitution, as amended, which states the following:
A senator or representative will receive the salary and any benefits that the Revenue Mobilization Allocation and Fiscal Commission deem appropriate.
The learned trial Judge, Professor Chuka Obiozor had cause to interpret the aforementioned clause of the Constitution when he held that “the national assembly service commission has no power whatsoever to fix and determine or allocate the remuneration, allowances, salaries, emoluments, or monetary values to the members of the national assembly.” The Revenue Mobilisation, Allocation and Fiscal Commission’s refusal or inaction to review and reduce the salaries and allowances of members of the national assembly is a flagrant violation of the 1999 Nigerian Constitution, according to His Lordship, who also noted that “given many years of extreme poverty in the country and the inability of several state governments to pay salaries of workers and pensions.”
For the avoidance of doubt, the learned trial judge ruled that “the allowances of the members of the national assembly for wardrobe, newspapers, kitchen, travel, domestic, and constituency project allowances are never contemplated or in the intendment of the constitution which created them and specified how they can be remunerated.” In order to reflect the nation’s actual economic realities, the Court commanded the RMAFC to examine the salaries and allowances of members of the national assembly.
The Socio-economic Rights Accountability Project (SERAP), Enough is Enough (EiE), and BudgIT filed a similar lawsuit (Suit No. FHC/LA/CS/943/2019) against the National Assembly on the same grounds and before the same judge, and the Federal High Court adopted the historic decision.
It is important to note that no higher court has overturned any of the Federal High Court’s rulings. The Federal High Court and the Court of Appeal neither halted the execution of the judgments nor changed them. All members of the Federal Government’s Legislative and Executive Organs must abide by the judgements because they are valid and still in effect.
In light of the aforementioned, it is obvious that the National Assembly members acted illegally and disrespectfully by authorizing palliative allowances for themselves without the permission of the Revenue Allocation Mobilization and Fiscal Commission. We feel forced to urge the National Assembly’s leaders and members to stop the scandalous payments and exotic car purchases since such activities cannot be justified in a democratic country that claims to uphold the rule of law.
The Revenue Allocation Mobilization and Fiscal Commission is urged to act quickly to stop the National Assembly from further usurping its constitutional powers, nevertheless, if the unlawful judgments are not overturned. Otherwise, we will bring contempt charges against the RAMFC Chairman and the Speakers of the National Assembly’s two chambers.
PmoneyRg (
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