By Onyewuchi Ojinnaka
Justice (Prof) Chuka Obiozor of a Federal High Court sitting in Lagos on Tuesday ordered that a hearing notice be issued and served on the National Assembly and other respondents in a suit filed by the Second Vice President of the Nigerian Bar Association (NBA), Monday Ubani.
Ubani and another legal practitioner, John Nwokwu, are in the suit, praying for an order compelling the Senators and House of Representatives members to refund N13.5 million and N10 million monthly running costs which they had allegedly collected in the last three years.
They contend that the running cost expended by both houses is illegal, positing that only the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) had the power to determine salaries and allowances of political office holders.
The Attorney-General of the Federation, RMAFC, the Senate and the House of Representatives are respondents.
When the matter came up for hearing, J. O. Igwe, counsel to plaintiffs told Justice Obiozor that the court’s sheriff failed to serve the defendants with the suit despite being “mobilised” about three weeks ago.
“We mobilised him three weeks ago. A week ago he assured us that the proof of service was in court. But we got to court to discover the defendants have not been served.
“In the circumstances, we are left with no choice than to ask for a further hearing date.”
The plaintiffs, in their originating summons, are asking the court to determine whether by relevant Sections of the 1999 Constitution, the National Assembly members have the power to fix their salaries, wages, remuneration or allowances.
They also prayed the court to determine “whether RMAFC can delegate its power to determine the salaries or remuneration of the National Assembly or political office-holders and/or if such power is subject to usurpation by the National Assembly or any other body(ies).”
Furthermore, Ubani and Nwokwu are asking the court to determine whether the allocation of constituency projects and funds to the tune of N200 million to the lawmakers is not ultra vires, illegal and unconstitutional.
They prayed for an order of perpetual injunction “restraining the National Assembly, whether by themselves, officers, agents, privies, servants or through any person or persons howsoever, from further receiving the sum of N13.5million monthly allowances or running cost or whatever sum as a running cost and N200million as annual constituency project.”
Besides,they asked the court to order the refund of all the running costs they received since 2015 within 14 days of the judgment.
Justice Obiozor had adjourned the suit until October 29 for hearing.