SERAP to sue NASS leadership over jumbo pay, allege corruption

Socio-Economic Rights and Accountability Project , SERAP, has called on the Senate President, Godswill Akpabio, and Speaker of the House of Representatives, Tajudeen Abbas to disclose the monthly running costs received by members of the National Assembly and the spending details.

SERAP also called on them to end the practice whereby the National Assembly fixed its own salaries, allowances and running costs to conformity with the Nigerian Constitution 1999 [as amended], and the country’s international obligations.

SERAP further called on them to end the practice of paying running costs into the personal accounts of lawmakers, challenging them to refer the alleged misuse or mismanagement of the running costs to appropriate anticorruption agencies for investigation and prosecution where there is relevant admissible evidence.

SERAP called on them to disclose the total amount of running costs so far received by the lawmakers with a view of returning any misused or mismanaged public funds.

In the letter dated 17 August 2024 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “We are concerned about the practice by the lawmakers of fixing their salaries, allowances and running costs, and the opacity and in the spending of millions of naira in running costs by lawmakers.”

SERAP said, “The constitutional oath of office of lawmakers requires them to ensure transparency and accountability in the exact amounts of salaries, allowances and running costs they receive.”

The letter, read in part: “The provisions of paragraph N, section 32(d) of the Third Schedule to the Nigerian Constitution clearly make it unlawful for the National Assembly to fix its own salaries, allowances and running costs.”

“The allegations that members of the National Assembly are fixing their own salaries, allowances and running costs are entirely inconsistent and incompatible with the constitutional oath of office and the object and purpose of the UN Convention against Corruption to which Nigeria is a state party.”

“We would be grateful if the recommended measures are taken within seven days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall take all appropriate legal actions to compel you and other members of the National Assembly to comply with our request in the public interest.”

“Accounting for and returning any misused or mismanaged running costs collected by members of the National Assembly would build trust in democratic institutions and strengthen the rule of law.”

“Accounting for and returning any misused or mismanaged running costs collected would also enhance the ability of the lawmakers to effectively and efficiently discharge their constitutional and statutory responsibilities.”

“The country’s international legal obligations especially under the UN Convention against Corruption impose a legal commitment on public officials including lawmakers to discharge a public duty truthfully and faithfully.”

“The convention specifically in paragraph 1 of article 8 requires members to promote integrity, honesty and responsibility in the management of public resources.”

“Nigerians have a right to scrutinize how their lawmakers spend their tax money and the commonwealth. Nigerians also have a right to honest and faithful performance by their public officials including lawmakers.”

“The allegations also clearly amount to members taking advantage of their entrusted public positions. Ending the reported practice by lawmakers fixing their own salaries, allowances and running costs would improve public confidence in the integrity and honesty of the National Assembly.”

“It would show that the Senate and House of Representatives under your leadership can focus on serving the public interest of Nigerians rather than looking after themselves.”

“Constitutional oath of office requires public officials including lawmakers to abstain from all improper acts, such as fixing their own salaries, allowances and running costs, that are inconsistent with the public trust.”

“The National Assembly has a constitutional responsibility to combat abuse in its own spending if it is to effectively exercise its oversight functions and hold the government to account.”

“It is a travesty and a fundamental breach of their fiduciary duties for members of the National Assembly to fix their own salaries, allowances and running costs.”

“By exercising strong and effective leadership in this matter, the National Assembly can show Nigerians that the legislative body is a proper and accountable watchdog that represents and protects the public interest, and is able to hold itself to account in the management of public resources.”

“Rule 713 of the Federal Government Financial Regulations provides: ‘Personal money shall in no circumstances be paid into a government bank account, nor shall any public money be paid into a private bank account.’”

“In the Seventh Schedule to the Nigerian Constitution, members lawmakers commit to strive to ‘preserve the Fundamental Objectives and Directive Principles of State Policy contained in the Constitution’, [and to] perform their ‘functions honestly, faithfully’, to act ‘always in the interest of the well-being and prosperity of Nigeria’.”

“Lawmakers also commit ‘preserve, protect and defend the Constitution of Nigeria; and abide by the Code of Conduct contained in the Fifth Schedule to the Constitution.’”

“‘Public function’ means activities in the public interest, not against it. The reports that lawmakers are fixing their own salaries, allowances and running costs amount to private self-interest or self-dealing. It is also detrimental to the public interest.”

“SERAP notes that Section 15(5) of the Nigerian Constitution requires public institutions to abolish all corrupt practices and abuse of power. Section 16(2) of the Nigerian Constitution further provides that, ‘the material resources of the nation are harnessed and distributed as best as possible to serve the common good.’”

“According to our information, members of the National Assembly are currently fixing their own salaries, allowances and running costs. The running costs are reportedly paid directly into the personal accounts of members.”

“Senator Kawu Sumaila, representing Kano South Senatorial District, recently disclosed in an interview with BBC Hausa that each Nigerian senator earns at least N21 million monthly in running costs, salaries, and allowances.”

“Mr Sumaila reportedly said, ‘My monthly salary is less than N1 million. After deductions, the figure comes down to a little over N600,000. Given the increase effected, in the Senate, each senator gets N21 million every month as running cost.’”

“According to reports, former President Olusegun Obasanjo recently alleged that the lawmakers fix their own salaries and allowances, contrary to the recommendation of the Revenue Mobilisation Fiscal Allocation Commission (RMAFC).”