The Socio-Economic Rights and Accountability Project (SERAP) has asked the Federal High Court in Lagos to order the Senate President Bukola Saraki, Senator Dino Melaye and 107 other senators to refund “illegal and unconstitutional N13.5 monthly allowance received by each senator with interest, and to stop the lawmakers from receiving such unjustified allowances.”
SERAP is also asking the court to order “an investigation by appropriate agencies as to how the public funds that have so far been received by each senator have been spent and for the findings of any such investigation to be made public.”
In the Suit Number FHC/L/CS/630/18 filed on Monday, SERAP argues that, “The defence put forward by the Senators that the said sum is contained in the Appropriations Act with different headings like medicals, travelling, etc holds no water. This is because the Schedule of the Remuneration Act clearly makes provision for medicals, travelling etc. The argument that the running cost is for such medicals etc has no legal fount.”
SERAP also argues that, “There is no doubt that the Senate herein represented by the Senate President acted ultra vires in its powers by allotting to themselves the said sum of N13.5 million monthly as running cost. It is trite law that when the word ‘shall’ is employed in a statute, the primary meaning that the court will assign to it is that such provision is mandatory and leaves no room for discretionary or arbitrary exercise of power except a congruence reading if the statute intends otherwise.”
Joined in the suit as defendants are the Senate President and the Attorney General of the Federation and Minister of Justice Abubakar Malami.
SERAP is asking the court to determine “whether the sum of N13.5 million allowance allotted to each senator monthly as running cost aside their salaries and other emoluments is not in breach of the provisions of section 70 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the provisions of the Certain Political, Public and Judicial Office Holders (Salaries and Allowances) (Amendments) Act 2008.”
SERAP also wants the court to determine “Whether the sum of N13.5 million monthly allowance allotted to each senator is not illegal, unconstitutional and unjustified having regards to the provisions sections 70 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Certain Political, Public and Judicial Office Holders Act 2008 and the Appropriations Act.
The suit filed on SERAP’s behalf by Ms Bamisope Adeyanju read in part: “The sum of N13.5 million shared by the Senate President and other senators monthly is neither part of their salaries and allowances as approved for them by the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) nor contained in the Appropriations Act. This is further strengthened by the declaration of the RMAFC that the said sum is not known to the RMAFC and therefore illegal.”
“Furthermore the provisions of the Certain Political, Public and Judicial Office Holders (Salaries and Allowances) (Amendments) Act 2008 (hereinafter referred to as ‘the Remuneration Act’) do not contain the said running cost enjoyed by the Senate President and other senators.”
“Section 70 of the Constitution is mandatory and makes no room for discretionary act. When such provision is breached as in the instant case there is no other option than to hold that the Defendants’ action is illegal, unconstitutional and unjustified having contravened the sacrosanct provisions of the grundnorm and other relevant statutes herein cited.”
“The Senate President and his colleagues in the Senate allot to themselves the sum of N13.5 million monthly aside their monthly salaries and allowances as running cost since assuming office. SERAP learnt of this illegal act through Sen. Shehu Sani, the senator representing Kaduna Central, who revealed that he and his colleagues receive N13.5 million monthly aside their salaries and allowances. The Revenue Mobilisation, Allocation and Fiscal Commission (RMAFC), the constitutional body responsible for fixing public officials’ salaries and allowances, has declared the said sum of N13.5 million running cost of the Senate President and other senators as illegal.”
“The Senate President and other senators allotting to themselves the sum of N13.5 million monthly runs afoul of the law and as such their act amounts to illegality, and is unconstitutional and unjustified.”
“Section 70 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) (hereinafter referred to as ‘the Constitution’) clearly provides that: A member of the Senate or the House of Representatives shall receive such salary and other allowances as the Revenue Mobilisation Allocation and Fiscal Commission may determine.”
The group in a statement signed by its deputy director, Timothy Adewale, which was sent to The Niche said it was seeking:
“A DECLARATION that the sum of N13.5 million allotted to each senator per month as running cost aside their salaries and allowances is in breach of the provisions of section 70 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), and the Certain Political, Public and Judicial Office Holders Act.
“A DECLARATION that the sum of N13.5 Million allotted to senators per month as running cost is illegal, unconstitutional and unjustified having regards to section 70 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), and the Certain Political, Public and Judicial Office Holders Act 2008 and the Appropriations Act.
“AN ORDER directing the Defendants to stop allotting the sum of N13.5 Million to each senator per month as running cost, the said sum being illegal and unconstitutional.
“AN ORDER compelling the 2nd Defendant to call for immediate investigation by the appropriate federal agency on the use to which the said sum was put to by the 1st Defendant and his colleagues.
“AN ORDER directing the Defendants to make public the findings of the investigation by publishing same in at least two national dailies.
“ANY ORDER(S) that the Honourable Court may deem fit to make in the circumstance of this suit.”
Below is the full details of the suit
IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
Suit No: FHC/L/CS/630/18
BETWEEN
THE REGISTERED TRUSTEES OF THE SOCIO-ECONOMIC PLAINTIFF
RIGHTS AND ACCOUNTABILITY PROJECT (SERAP)
AND
- SENATE PRESIDENT, SENATE OF THE NATIONAL
ASSEMBLY, FEDERAL REPUBLIC OF NIGERIA DEFENDANTS
- ATTORNEY GENERAL OF THE FEDERATION
ORIGINATING SUMMONS
LET the Defendants, Senate President, Senate of the National Assembly, Federal Republic of Nigeria of Abuja, FCT and the Attorney-General of the Federation of the Federal Ministry of Justice, Maitama, Abuja FCT within thirty days after service of this summons on them, inclusive of the day of such service, cause an appearance to be entered for them to this summons which is issued upon the application of the Registered Trustees of the Socio-Economic Rights and Accountability Project (SERAP) of 2B, Oyetola Street, off Ajanaku Street, Salvation Bus-Stop, Opebi, Ikeja, Lagos who claims the following reliefs set below and seeks the determination of the following questions:
QUESTIONS FOR DETERMINATION:
- Whether the sum of N5 Million allotted to each senator monthly as running cost aside their salaries and allowances is not in breach of the provisions of section 70 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the provisions of the Certain Political, Public and Judicial Office Holders (Salaries and Allowances) (Amendments) Act 2008.
- Whether the sum of N13.5 Million tagged as running cost allotted to senators per month is not illegal, unconstitutional and unjustified having regards to the provisions of section 70 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Certain Political, Public and Judicial Office Holders Act 2008 and the Appropriations Act.
Reliefs Sought by the Plaintiff:
- A DECLARATION that the sum of N13.5 Million allotted to each senator per month as running cost aside their salaries and allowances is in breach of the provisions of section 70 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), and the Certain Political, Public and Judicial Office Holders Act.
- A DECLARATION that the sum of N13.5 Million allotted to senators per month as running cost is illegal, unconstitutional and unjustified having regards to section 70 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), and the Certain Political, Public and Judicial Office Holders Act 2008 and the Appropriations Act.
- AN ORDER directing the Defendants to stop allotting the sum of N13.5 Million to each senator per month as running cost, the said sum being illegal and unconstitutional.
- AN ORDER compelling the 2nd Defendant to call for immediate investigation by the appropriate federal agency on the use to which the said sum was put to by the 1st Defendant and his colleagues.
- AN ORDER directing the Defendants to make public the findings of the investigation by publishing same in at least two national dailies.
- ANY ORDER(S) that the Honourable Court may deem fit to make in the circumstance of this suit.
Dated the………………..day of…………………..2018.
THIS ORIGINATING SUMMONS IS TO BE SERVED OUTSIDE LAGOS STATE AND IN THE FEDERAL CAPITAL TERRITORY
This summons was taken out by BAMISOPE ADEYANJU, Legal Practitioner for the above-named Plaintiff.
The Defendants may appear hereunto by entering appearance personally or by a legal practitioner either by filing the appropriate forms, duly completed, at the Federal High Court Registry of the state where the summons was issued or by sending them to that office by post.
Note:
If the Defendants do not enter appearance within the time and at the place above-mentioned, such orders will be made and proceedings may be taken as the Judge may think just and expedient.
Dated the ………..day of ………………..2018
THIS ORIGINATING SUMMONS IS TO BE SERVED OUTSIDE LAGOS STATE AND IN THE FEDERAL CAPITAL TERRITORY
……………………………
BAMISOPE ADEYANJU (Miss)
(Plaintiff’s Counsel)
Socio-Economic Rights and Accountability Project (SERAP)
2B Oyetola Street Off Salvation Street Off Opebi Street, Ikeja Lagos
Tel no: 0816 053 7202
Email: info@serap-nigeria.org
FOR SERVICE ON:
1st Defendant;
Senate President,
C/o, office of the Senate President,
National Assembly Complex,
Abuja, FCT.
2nd Defendant;
Attorney General of the Federation,
Honourable Attorney-General’s Chambers,
Federal Ministry of Justice Complex,
Off Shehu Shagari Way,
Maitama, Abuja.
FCT.
IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
Suit No: FHC/L/CS/630/18
BETWEEN
THE REGISTERED TRUSTEES OF THE SOCIO-ECONOMIC PLAINTIFF
RIGHTS AND ACCOUNTABILITY PROJECT (SERAP)
AND
- SENATE PRESIDENT, SENATE OF THE NATIONAL
ASSEMBLY, FEDERAL REPUBLIC OF NIGERIA DEFENDANTS
- ATTORNEY GENERAL OF THE FEDERATION
AFFIDAVIT IN SUPPORT OF ORIGINATING SUMMONS
I, Ahmed Oshodi, male, Nigerian, Muslim and Litigation Clerk of Socio-Economic Rights and Accountability Project (SERAP) of 2B, Oyetola Street, off Ajanaku Street, Salvation Bus-stop, Opebi, Ikeja, Lagos do hereby make oath and state as follows:
- That I am a litigation clerk of the Socio-Economic Rights and Accountability Project (SERAP), the Plaintiff in this suit.
- That I have the consent and authority of the Plaintiff herein to depose to this affidavit.
- That by virtue of my position and the fact stated in paragraph 2 hereof, I am conversant with the facts of this case and with the facts deposed to herein.
- That the Plaintiff is a human rights non-governmental organization established in Nigeria.
- That the Plaintiff seeks to promote transparency and accountability in government through human rights.
- That the 1st Defendant is the Leader of the Upper Chambers of the National Assembly of the Federal Republic of Nigeria which is charged with the duty of making laws amongst others.
- That the 2nd Defendant as the chief legal officer of the Federal Government of Nigeria has the responsibility of ensuring that the action of the 1st Defendant is in compliance with the rule of law.
- That I was informed by Counsel to the Plaintiff, Bamisope Adeyanju, while deliberating on this matter at 2B, Oyetola Street, off Ajanaku Street, Salvation Bus Stop, Opebi, Ikeja, Lagos, on the 18th April, 2018 at 2:30pm; the following which I verily believe to be true:
- That the 1st Defendant and his colleagues in the Senate House allotted to themselves the sum of N5 Million per month aside their monthly salaries and allowances as running cost since assuming office.
- That the Plaintiff learnt of this illegal act of the 1st Defendant and his colleagues when Senator Shehu Sani, the senator representing Kaduna Central revealed that he and his colleagues receive N13.5 Million monthly aside their salaries and allowances. Copies of the publication containing this revelation by Sen. Shehu Sani are attached herewith as EXHIBITS 1A and 1B.
- That the Revenue Mobilisation, Allocation and Fiscal Commission (RMAFC), the constitutional body responsible for fixing public officials’ salaries and allowances, has declared the said sum of N13.5 Million running cost of the 1st Defendant and his colleagues as illegal. Copies of the publication of the RMAFC’s declaration are attached herewith as EXHIBITS 2A and 2B.
- That there has been outcry by distinguished citizen(s) of Nigeria calling for a stoppage of the allotment of the said sum of N13.5 Million to the 1st Defendant and his colleagues. Copies of publication showing this outcry are attached herewith as EXHIBITS 3A and 3B.
- By virtue of Section 70 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the provisions of the Certain Political, Public and Judicial Office Holders (Salaries and Allowances) (Amendments) Act 2008 and the Appropriations Act, the action of the 1st Defendant and his colleagues is illegal and unconstitutional.
- By the provisions of section 70 of the Constitution, the Certain Political, Public and Judicial Office Holders Act 2008 and the Appropriations Act, the 1st Defendant and his colleagues lack the vires to allot to themselves the N13.5 Million running cost per month aside their monthly salaries .
- That unless the reliefs sought herein are granted, the 1st Defendant and his colleagues will continue to breach the Law, and other statutory responsibilities.
- That it is in the interest of justice to grant this application as the Defendants have nothing to lose if the application is granted.
- That I make this declaration in good faith, conscientiously believing same to be true and in accordance with the Oaths Act 2004.
………….…………
DEPONENT
SWORN TO at the
Federal High Court Registry, Lagos
This………….day of …………………. 2018
BEFORE ME
COMMISSIONER FOR OATHS
IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
Suit No: FHC/L/CS/630/18
BETWEEN
THE REGISTERED TRUSTEES OF THE SOCIO-ECONOMIC PLAINTIFF
RIGHTS AND ACCOUNTABILITY PROJECT (SERAP)
AND
- SENATE PRESIDENT, SENATE OF THE NATIONAL
ASSEMBLY, FEDERAL REPUBLIC OF NIGERIA DEFENDANTS
- ATTORNEY GENERAL OF THE FEDERATION
WRITTEN ADDRESS IN SUPPORT OF THE ORIGINATING SUMMONS
1.00 INTRODUCTION
1.01 The Plaintiff by way of originating summons seeks the determination of the following questions:
- Whether the sum of N5 Million allotted to each senator monthly as running cost aside their salaries and allowance is not in breach of the provisions of section 70 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the provisions of the Certain Political, Public and Judicial Office Holders (Salaries and Allowances) (Amendments) Act 2008.
- Whether the sum of N13.5 Million tagged as running cost allotted to senators per month is not illegal, unconstitutional and unjustified having regards to the provisions of section 70 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Certain Political, Public and Judicial Office Holders Act 2008 and the Appropriations Act.
2.00 BRIEF FACTS OF THE CASE
2.01 The brief facts of this case are as stated in the 11-Paragraph Affidavit in support of the originating summons deposed to by Ahmed Oshodi, a litigation Clerk of the Plaintiff.
2.02 We humbly rely on all the paragraphs as the true facts leading to this case.
3.00 ISSUE FOR DETERMINATION
3.01 The Plaintiff formulates the sole issue for determination, to wit;
3.02 Whether the sum of N 13.5 Million allotted to each senator monthly as running cost aside their salaries and allowance is not in breach of the provisions of section 70 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the provisions of the Certain Political, Public and Judicial Office Holders (Salaries and Allowances) (Amendments) Act 2008 thereby rendering it illegal, unconstitutional and unjustified.
4.00 LEGAL SUBMISSION
4.01 On the sole issue:
Whether the sum of N 13.5 Million allotted to each senator monthly as running cost aside their salaries and allowance is not in breach of the provisions of section 70 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the provisions of the Certain Political, Public and Judicial Office Holders (Salaries and Allowances) (Amendments) Act 2008 thereby rendering it illegal, unconstitutional and unjustified.
4.02 We humbly submit that a thorough perusal of the succinct provisions of the relevant laws will not leave this Honourable Court in doubt that the actions of the 1st Defendant and his colleagues in allotting to themselves the sum of N13.5 Million monthly runs foul of the law and as such their act amounts to illegality, and is unconstitutional and unjustified.
4.03 My Lord, section 70 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) (hereinafter referred to as ‘the Constitution’) clearly provides that:
“a member of the Senate or the House of Representatives shall receive such salary and other allowances as the Revenue Mobilisation Allocation and Fiscal Commission may determine.” (Underlined for emphasis).
4.04 My Lord, a perusal of the Exhibits attached to the affidavit in support of this application reveals that the sum of N13.5 Million shared by the 1st Defendant and his colleagues monthly is neither part of their salaries and allowances as approved for them by the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) nor contained in the Appropriations Act.
4.05 This is further strengthened by the declaration of the RMAFC that the said sum is not known to the RMAFC and therefore illegal.
4.06 Furthermore the provisions of the Certain Political, Public and Judicial Office Holders (Salaries and Allowances) (Amendments) Act 2008 (hereinafter referred to as ‘the Remuneration Act’) do not contain the said running cost enjoyed by the 1st Defendant and his colleagues.
4.07 It is apposite to point that the defence put forward by the Senators that the said sum is contained in the Appropriations Act with different headings like medicals, travelling, etc holds no water.
4.08 This is because the Schedule of the Remuneration Act clearly makes provision for medicals, travelling etc. The submission that the running cost is for such medicals etc has no legal fount.
4.09 Based on the above submissions, there is no doubt that the Senate herein represented by the 1st Defendant acted ultra vires its powers by allotting to themselves the said sum of N13.5 Million monthly as running cost.
4.10 Conclusively my Lord, it is trite law that when the word ‘shall’ is employed in a statute, the primary meaning that the court will assign to it is that such provision is mandatory and leaves no room for discretionary or arbitrary exercise of power except a congruence reading if the statute intends otherwise.
I humbly refer my Lord to the case of Amadi v. N.N.P.C. (2000) 10 NWLR (Pt.674) 76.
4.11 The above provision of section 70 of the Constitution is therefore mandatory and makes no room for discretionary act. When such provision is breached as in the instant case there is no other option than to hold that the Defendants’ action is illegal, unconstitutional and unjustified having contravened the sacrosanct provisions of the grundnorm and other relevant statutes herein above cited.
4.12 We humbly urge my Lord to resolve the issue raised in favour of the Plaintiff and grant the following reliefs:
- A DECLARATION that the sum of N13.5 Million allotted to each senator per month as running cost aside their salaries and allowances is in breach of the provisions of section 70 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), and the Certain Political, Public and Judicial Office Holders Act.
- A DECLARATION that the sum of N13.5 Million allotted to senators per month as running cost is illegal, unconstitutional and unjustified having regards to section 70 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Certain Political, Public and Judicial Office Holders Act 2008 and the Appropriations Act.
- AN ORDER directing the Defendants to stop allotting the sum of N13.5 Million to each senator per month as running cost, the said sum being illegal and unconstitutional.
- AN ORDER compelling the 2nd Defendant to call for immediate investigation by the appropriate federal agency on the use to which the said sum was put to by the 1st Defendant and his colleagues.
- AN ORDER directing the Defendants to make public the findings of the investigation by publishing same in at least two national dailies.
- ANY ORDER(S) that the Honourable Court may deem fit to make in the circumstance of this suit.
May it please my Lord.
Dated this……..day of…………………2018
……………………………………..……
BAMISOPE ADEYANJU
(Plaintiff’s Counsel)
Socio-Economic Rights and Accountability Project (SERAP)
2B, Oyetola Street Off SalvationStreet Off Opebi Street, Ikeja Lagos
Tel no: 0816 053 7202
Email: info@serap-nigeria.org
FOR SERVICE ON:
1st Defendant;
Senate President,
C/o, office of the Senate President,
National Assembly Complex,
Abuja, FCT.
2nd Defendant;
Attorney General of the Federation,
Honourable Attorney-General’s Chambers,
Federal Ministry of Justice Complex,
Off Shehu Shagari Way,
Maitama, Abuja.
FCT.
 has asked the Federal High Court in Lagos to order the Senate President Bukola Saraki, Senator Dino Melaye and 107 other senators to refund “illegal and unconstitutional N13.5 monthly allowance.){kind=link}