BY Dyepkazah Shibayan
The Socio-Economic Rights and Accountability Project (SERAP) has asked the federal high court, Lagos, to order Senate President Bukola Saraki and 107 senators to refund the “illegal” N13.5 million monthly allowance.
Last month, Shehu Sani, senator representing Kaduna central, disclosed that members of the upper legislative chamber were getting the amount as running cost on a monthly basis.
In a suit marked FHC/L/CS/630/18, SERAP said the argument by the senate that the said sum is in the budget “holds no water”.
Citing the remuneration act, the organisation argued that there was no basis for running cost.
Abubakar Malami, attorney-general of the federation (AGF), is a defendant in the suit.
“[The senators should] refund illegal and unconstitutional N13.5 monthly allowance receives by each senator with interest, and to stop the lawmakers from receiving such unjustified allowances,” SERAP said in a statement.
“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.
“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) (amendment) act 2008 (herein after 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.”
SERAP is asking the court for 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 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 second 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.”
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