Justice Chuka Austine Obiozor of the Federal High Court sitting in Lagos has ordered the Revenue Mobilization, Allocation and Fiscal Commission (RMAFC) to take over the determination of the salaries and allowances of the 469 members of the National Assembly to reflect the economic realities in the country.
In a judgement delivered on Friday in a suit instituted by former National Vice President of the Nigerian Bar Association, NBA, Mr Monday Ubani and John Nwokwu, a lawyer, the court maintained that the National Assembly Commission has no power to fix the lawmakers’ salary, a major decision against National Assembly’s bogus salaries and allowances.
Joined as respondents in the suit were the Attorney General of the Federation, Revenue Mobilisation Allocation and Fiscal Commission, 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 have approached the Federal High Court, Lagos to challenge Constitutionality of the bogus remuneration and allowances of the members of the National Assembly, since the inception of democracy in Nigeria in 1999.
It could be recalled that Nigerians have been demanding to know how much their Representatives in the National Assembly collect as salaries and allowances, but the members of the National Assembly have kept that information as a top secret.
However, in March 2018, one of the Senators, Shehu Sani, 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.
Aggrieved by this revelation, Ubani proceeded to the Federal High Court alongside Nwokwu to challenge the constitutionality of this bogus amount of money collected by the members of the National assembly monthly and annually.
Lagos lawyer and rights activist, Mr Femi Falana, SAN, led Mr Joseph Igwe to argue the suit.
The National Assembly responded to the suit in their defence, denying ever collecting such amount of money, however they failed to disclose to the Court how much they collect.
The National Assembly Service Commission also filed a defence, denying being the one that approach and pay such amount of money to the members of the National Assembly.
They also challenged the locus standi of the Plaintiffs to institute the action against them, and also contended that the Plaintiffs have no cause of action against them, urging the Court to strike out the suit.
In a well considered judgement delivered by the court, Justice Obiozor first dismissed the preliminary objections of the National assembly (sued as the 3rd and 4th Defendants) stating that the plaintiffs have locus standi to institute the action.
The Court further held that public spirited individuals (Tax payers) has sufficient interest in ensuring that public authorities submit to the rule of law and that no public authority has power to arbitrarily or with impunity break the law or general statute.
On the substantive suit, the Court declared that: “The 3rd , 4th and 5th Defendants ( The Senate, The House of Representatives and the National Assembly service Commission) have no power, close or semblance of power and cannot determine, direct, command and/or instruct the 2nd defendant (Revenue Mobilisation Allocation and Fiscal Commission) or any person howsoever, to make, determine and/or fix the salaries, wages, remuneration, running cost or allowances of the 3rd and 4th Defendants.
“The 2nd defendant is the only body responsible for determining the salaries, remuneration and/or allowances of the National Assembly or political office holders.
” In line with Section 32 (b)(d) of part 1 of third schedule of the Constitutional of the Federal Republic of Nigeria, 1999 as amended, the 2nd Defendant should 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 5th Defendant cannot 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 also recommended that since the Members of the National Assembly has denied collecting the jumbo remunerations and allowances, the EFCC should look at their books and if found that they truly collect such amount of money, they should be prosecuted.
In a similar case filed by Socio-Economic Rights and Accountability Project, SERAP and assigned to the same judge who held that whatever decision is reached in Messrs Ubani and Nwokwu’s case in Suit No FHC/LA/CS/690/ 2018 should bind on them.
In the consolidated suits by more than 1,500 concerned Nigerians and Civil society groups, the court was of the opinion that all the prayers canvassed by the groups are applicable to Ubani’s case.
Other groups are BudgIT and Enough is Enough Nigeria (EiE) and host of others.
The SERAP suits, read in part: “Given many years of extreme poverty in the country, and the inability of several state governments to pay salaries of workers and pensions, the refusal or failure of the Revenue Mobilization, Allocation and Fiscal Commission to review and cut the salaries and allowances of members of the National Assembly is a gross violation of the 1999 Nigerian Constitution (as amended) and the commission’s own Act.
“The allowances of wardrobe, newspapers, kitchen traveling domestic and constituency project allowances of the members of the National Assembly are never contemplated or in the intendment of the constitution which created them and specified how they can be remunerated.
“The duty of the RMAFC to review the salaries and allowances of members of the National Assembly is mandatory and the Commission cannot choose not to comply. Therefore, the failure or refusal by the Commission to comply with its own Act amounts to arbitrariness.
“Unless the reliefs sought by the plaintiffs are granted, the defendants and members of the National Assembly will continue to benefit from these outrageous salaries and allowances, in breach of the law and at the expense of millions of Nigerians living in extreme poverty.
“The amounts budgeted as payment for furniture and accommodation allowance to members of the 9th National Assembly negates the oath of office under the Seventh Schedule of the 1999 Constitution by members to perform their functions in the interest of the well-being and prosperity of Nigeria.
“The National Assembly comprises of 469 members – with 109 in the Senate and 360 in the House of Representatives. These public officers form a very tiny percentage of about 200 million Nigerians. Members are still eligible to collect huge sums of money as monthly allowances and severance pay at the end of their respective terms.”
