Justice Yellim Bogoro delivered the judgment on May 6, 2026, in Suit No. FHC/L/CS/1606/2023, filed by the Socio-Economic Rights and Accountability Project (SERAP) against the National Assembly. A certified true copy of the ruling was obtained on Sunday.
The case arose from plans by the National Assembly to spend N40 billion on 465 vehicles for lawmakers and N70 billion as support allowances for newly elected members. SERAP instituted the suit in August 2023, arguing that the expenditure was unlawful and inappropriate amid severe economic challenges facing Nigerians.
In her judgment, Justice Bogoro held that the scale of the expenditure and the lack of evidence of compliance with due process rendered the procurement unlawful.
She stated: “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 court also found that lawmakers stood to benefit directly from a spending decision they approved themselves.
“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,” the judge said.
Justice Bogoro further noted the economic difficulties confronting citizens and criticised the allocation of public funds for lawmakers’ benefit at a time of widespread 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.
“The Defendants have urged the Court to decline jurisdiction on grounds of legislative autonomy. It should be noted that the doctrine of separation of powers does not operate as a shield for illegality. It is noteworthy to state that the Court is concerned on the legality and constitutionality of legislative spending.
“The allocation of N110 billion for the benefit of lawmakers also undermines the fiduciary duty owed to the Nigerian people. 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.”
The court rejected arguments by the defendants that the matter was beyond judicial review because it involved legislative decisions, stressing that courts retain the authority to determine whether public spending complies with constitutional and statutory requirements.
Justice Bogoro also ruled that SERAP had the legal standing to institute the action, affirming that public interest organisations can approach the courts on issues affecting transparency and accountability.
“On whether SERAP has locus standi to have brought this suit, I will state that the law has now evolved to recognise public interest litigation. NGOs (as SERAP in this suit) can institute actions to protect public interest.
“From the facts deposed and given the nature of the suit, 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 also dismissed objections regarding the absence of a pre-action notice, ruling that exceptions apply where matters involve urgency and significant public interest concerns.
As part of the judgment, the court directed Senate President Godswill Akpabio and House of Representatives Speaker Tajudeen Abbas to ensure that future procurement and expenditure by the National Assembly strictly comply with due process, transparency, accountability and value-for-money principles.
Reacting to the verdict, SERAP Deputy Director Kolawole Oluwadare described it as “a major victory for transparency, accountability and responsible management of public resources in Nigeria.”
He added that the ruling reinforces the principle that “public office is a public trust.”
Human rights lawyer Femi Falana (SAN), also quoted in SERAP’s statement, said the organisation “deserves commendation,” arguing that lawmakers’ spending decisions amid economic hardship “cannot be justified.”