The Federal High Court in Lagos has struck down the controversial N110 billion expenditure approved for vehicles and allowances for members of the National Assembly, describing the spending as unlawful, unconstitutional, and inconsistent with public accountability standards.
In a landmark judgment delivered on May 6, 2026, Justice Yellim Bogoro ruled that the proposed expenditure of N40 billion for the procurement of 465 vehicles for federal lawmakers and N70 billion in support allowances for newly elected legislators violated provisions of the Public Procurement Act, the Code of Conduct for Public Officers, and constitutional requirements governing the use of public funds.
The suit, marked FHC/L/CS/1606/2023, was filed by the Socio-Economic Rights and Accountability Project (SERAP) against Senate President, Godswill Akpabio, and Speaker of the House of Representatives, Tajudeen Abbas, on behalf of members of both chambers of the National Assembly.
Justice Bogoro held that the scale of the expenditure, coupled with the failure of the National Assembly to demonstrate compliance with due process and procurement regulations, rendered the spending arbitrary and 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 ruled.
The court further found that lawmakers stood to benefit directly from the expenditure they approved, describing the arrangement as a clear case of self-dealing and conflict of interest.
“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,” Justice Bogoro stated.
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In a strong criticism of the spending plan, the judge noted that the allocation came at a time when millions of Nigerians were grappling with severe economic hardship.
“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 N110 billion for the benefit of lawmakers demonstrates a failure to prioritise national interest,” she said.
The court also rejected arguments by the National Assembly that the doctrine of separation of powers shielded its financial decisions from judicial scrutiny.
According to the judge, the courts have a constitutional duty to intervene whenever legislative actions violate statutory provisions or constitutional safeguards.
“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 held.
Justice Bogoro further ruled that the expenditure violated the fiduciary responsibility owed by public office holders to citizens and was inconsistent with the oath of office taken by elected officials.
“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 following reports that lawmakers planned to spend N40 billion on bulletproof vehicles and N70 billion in support allowances despite growing economic challenges across the country.
The organisation argued that the expenditure violated Section 57(4) of the Public Procurement Act 2007, provisions of the Constitution, and established standards of transparency and accountability in public finance management.
In its defence, the National Assembly maintained that the expenditure had been lawfully appropriated and implemented, while also challenging SERAP's legal standing to institute the suit.
However, the court upheld SERAP's right to pursue the action, affirming the role of civil society organisations in promoting transparency and accountability in governance.
“NGOs can institute actions to protect public interest. SERAP, being a public interest organisation committed to transparency and accountability, has demonstrated sufficient interest. I therefore hold that SERAP has locus standi to sue, as the matters are of undeniable public concern,” the judge ruled.
The court also dismissed objections relating to pre-action notice and held that the matter raised urgent public interest concerns.
Justice Bogoro consequently declared both the N40 billion vehicle procurement scheme and the N70 billion support allowance package unlawful and directed the leadership of the National Assembly to ensure that all future expenditures comply with due process, transparency, accountability and value-for-money principles.
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Reacting to the judgment, SERAP Deputy Director, Kolawole Oluwadare, described the ruling as a major victory for transparency and responsible management of public resources.
“This landmark judgment is a major victory for transparency, accountability and responsible management of public resources in Nigeria,” he said.
Also welcoming the decision, human rights lawyer and Senior Advocate of Nigeria, Femi Falana, said the judgment exposed the disconnect between the lavish lifestyle of some public office holders and the economic realities confronting ordinary Nigerians.
He called on the National Assembly to comply fully with the court's decision and urged the Revenue Mobilisation Allocation and Fiscal Commission to enforce constitutional provisions regulating lawmakers' remuneration.
In a follow-up letter dated June 6, 2026, SERAP urged the National Assembly leadership to immediately implement the judgment, describing compliance as a victory for the rule of law, transparency and accountability in governance.