Justice Chuka Austine Obiozor of the Federal High Court, Lagos, has ordered the Revenue Mobilisation, Allocation and Fiscal Commission (RMAFC) to fix the salaries and allowances of the 469 members of the National Assembly (109 in the Senate and 360 in the House of Representatives) to reflect the economic realities in the country.
Justice Obiozor also held that the National Assembly Service Commission has no power to determine the remuneration and allowances of lawmakers.
The judge gave a verdict while ruling on a consolidated suit brought by Mr. Monday Ubani, Mr. John Nwokwu, more than 1,500 concerned Nigerians, the Socio-Economic Rights and Accountability Project (SERAP), BudgIT and Enough is Enough Nigeria (EiE).
Respondents in the suits were: Attorney General of the Federation, RMAFC; the Senate of the Federal Republic of Nigeria, the House of Representatives of the Federal Republic of Nigeria, and the National Assembly Service Commission.
The plaintiffs had approached the court to challenge the constitutionality of the bogus remuneration and allowances of the members of the National Assembly. Since the inception of democracy in Nigeria in 1999, Nigerians have been demanding to know how much their representatives in the National Assembly collect as salaries and allowances, the members of the National Assembly have kept that information a top-secret. However, in March 2018 one of the Senators – Senator Shehu Sani, in an interview revealed that each Senator receives the sum of N13.5 million monthly as running cost, in addition to N750,000 monthly consolidated salary and allowances. Another online publication further revealed that each Senator is entitled to the sum of N200 million annually as a constituency project allowance.
Being aggrieved by this revelation, the plaintiffs approached the court to challenge the constitutionality of this bogus amount of money collected by the members of the National assembly monthly and annually.
The case was handled by Joseph Igwe Esq. led by leading Human Rights lawyers, Mr. Femi Falana, SAN, and Ms. Adelanke Aremo.
In its opposition to the suits, National Assembly filed a defence denying ever collecting such amount of money, however, it failed to disclose to the court how much it collects. National assembly Service Commission also filed a defence denying being the one that approaches and pay such amount of money to the members of the National Assembly. The respondent also challenged the locus standi of the plaintiffs to institute the action against them, contended that the plaintiffs have no cause of action against them, urging the court to strike out the suit.
Delivering his judgment on June 4,
Justice Obiozor first dismissed the preliminary objections of the National assembly stating that the plaintiffs have locus standi to institute the action.
On the substantive suit, the court declared that RMAFC is the only body responsible for determining the salaries, remuneration, and/or allowances of the National Assembly or political officeholders.
According to the court,
“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.”
In line with Section 32 (b)(d) of part 1 of the third schedule of the Constitutional of the Federal Republic of Nigeria, 1999 as amended, the Court ordered RMAFC to forthwith downward review and fix the salaries, remuneration, or allowances of the 3rd and 4th Defendants to reflect the economic realities in the country.
The court held that the National Assembly Service Commission could not or have no power whatsoever and howsoever to fix, determine or allocate the remuneration. Allowances, salaries, emolument, or monetary value/s to the 3rd and 4th defendants.
The court recommended that since the members of the National Assembly have denied collecting the jumbo remunerations and allowances, the EFCC should look at their books, and if it is found that they truly collect such amount of money, they should be prosecuted.
