The Federal High Court in Lagos has declared unlawful the National Assembly’s controversial N110bn expenditure on vehicles and allowances for lawmakers, holding that the spending violated procurement laws, constitutional obligations and the public trust.
In a judgment delivered on May 6, 2026, Justice Yellim Bogoro ruled that the planned expenditure of N40bn for the procurement of 465 vehicles for members of the National Assembly and N70bn in support allowances for newly elected lawmakers breached the provisions of the Public Procurement Act, the Code of Conduct for Public Officers and the oath of office prescribed by the Constitution.
The suit, marked FHC/L/CS/1606/2023, was instituted by the Socio-Economic Rights and Accountability Project against Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas on behalf of members of both chambers.
Justice Bogoro also directed Akpabio and Abbas to ensure that all future procurements and expenditures of public funds by the National Assembly strictly comply with due process requirements and are guided by transparency, accountability and value for money.
According to the certified true copy of the judgment obtained by SERAP last week, the court held that the scale of the expenditure and the failure to demonstrate compliance with due process rendered the procurement unlawful.
“Looking at the magnitude of the expenditure, coupled with the absence of demonstrable due process, leads me to conclude that the procurement is arbitrary, disproportionate and inconsistent with statutory procurement standards,” the judge held.
Justice Bogoro further found that lawmakers stood to benefit directly from the expenditure they approved.
“The beneficiaries of the expenditure are the very officials approving it, and the expenditure confers direct pecuniary and material benefits.
“This, to my mind, constitutes a case of self-dealing and conflict of interest,” she held.
The court took judicial notice of the economic challenges facing Nigerians and criticised the allocation of public funds for lawmakers’ benefit amid widespread hardship.
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“I have taken judicial notice of the economic realities in Nigeria and the widespread financial hardship affecting Nigerian citizens.
“In this context, the allocation of N110bn for the benefit of lawmakers demonstrates a failure to prioritise national interest,” Justice Bogoro stated.
She rejected the defendants’ argument that the doctrine of separation of powers shielded the National Assembly from judicial scrutiny.
“The doctrine of separation of powers does not operate as a shield for illegality. The court is concerned with the legality and constitutionality of legislative spending,” she said.
The judge further ruled that the expenditure undermined the fiduciary duty public officers owe Nigerians.
“Public office must not be used for personal enrichment. Public officers must act within constitutional boundaries and in good faith. I hold that the conduct complained of is inconsistent with the oath of office,” she added.
SERAP had approached the court in August 2023 after reports emerged that lawmakers planned to spend N40bn on 465 bulletproof vehicles and N70bn in support allowances for newly elected members at a time of worsening economic hardship.
The organisation argued that the spending violated Section 57(4) of the Public Procurement Act 2007, Paragraph 1 of the Fifth Schedule to the Constitution, and the oath of office contained in the Seventh Schedule.
In its defence, the National Assembly contended that the expenditure was lawful, duly appropriated and had already been implemented, making the suit academic.
It also challenged SERAP’s standing to sue and argued that the group failed to serve the required pre-action notice.
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