SERAP, Others Ask Court To Stop Buhari, Others From Spending ‘N37bn NASS Renovation Budget’

Socio-Economic Rights and Accountability Project (SERAP),
BudgIT, Enough is Enough (EiE) and 583 concerned Nigerians have
filed a lawsuit asking the Federal High Court, Abuja to “restrain
and stop President Muhammadu Buhari and Mrs Zainab Ahmed, Minister
of Finance, Budget and National Planning from releasing N37 billion
allocated for the renovation of the National Assembly complex to
the Federal Capital Development Agency and the National Assembly
until an impact assessment of the spending is carried out.”

The groups are also seeking a court order to “restrain, prevent
and stop the Senate President, Dr Ahmad Lawan; Speaker of the House
of Representatives, Mr Femi Gbajabiamila and the Federal Capital
Development Agency from demanding or collecting the N37 billion
earmarked for the renovation of the National Assembly complex until
an impact assessment of the spending on critical sectors and access
to public goods and services, is carried out.”

In the suit number FHC/ABJ/CS/1633/2019 filed last week at the
Federal High Court, Abuja, the plaintiffs argued: “The National
Assembly complex should be a safe and conducive environment for
those who work there. But spending ₦37 billion to renovate the
place is not commensurate with the constitutional commitments to
public services and goods; decreasing public revenues and
increasing level of debts as well as the poor economic and social
realities in the country.”

The plaintiffs also argued: “Spending N37 billion to renovate
the National Assembly complex is self-serving, wrongful, illegal
and unconstitutional expenditure of public funds, as it means less
money for educating millions of out-of-school Nigerian children,
providing access to clean water and healthcare to Nigerians
including the elderly, or repairing the country’s roads and
bridges.”

The 583 concerned Nigerians who joined the suit as co-plaintiffs
include: Bring Back Our Girls (BBOG) co-convener Aisha Yesufu;
Nigerian singer and actor Banky Wellington; Mrs Ayo Obe; Dr Abiola
Akiyode-Afolabi, and Fisayo Soyombo.

The suit, filed by Kolawole Oluwadare and Opeyemi Owolabi, read
in part: “The defendants are public officers who have sworn the
constitutional oaths of office to perform their respective duties
in the interest of Nigerian citizens. The refusal of President
Buhari to object to the Budget/Appropriation Bill containing a huge
N37 billion on renovation of the National Assembly complex is a
gross violation of the constitution and existing laws in
Nigeria.”

“The National Assembly complex was reportedly constructed at the
cost of $35.18 Million USD in 1999 and ₦40.2 Billion Naira was
budgeted in December 2013 for the construction of phase III of the
National Assembly Complex and renovation of the first and second
phases of the complex.”

“The 2020 Budget is in deficit of ₦2.175 Trillion with
anticipated revenue at ₦8.42 Trillion Naira and proposed
expenditure of ₦10.594 Trillion.

“The present-day economic reality in Nigeria includes chronic
poverty amongst a high percentage of citizens and the inability of
many state governments to pay salaries of workers and pensions.
Unless the reliefs sought are granted, the Defendants will take
benefit of the allocated N37 billion at the expense of many
Nigerians living in poverty.”

“The crux of the Plaintiffs’ argument is better expressed in the
question: Why should the nation spend so much on a building when
there are other important areas of national infrastructure that can
be developed in order to affect a greater number of citizens?”

The plaintiffs want the court to determine: “Whether N37 billion
proposed, voted and allocated for renovation of the National
Assembly Complex in the 2020 Nigerian National Budget via
Appropriation Act 2019 by the National Assembly and signed into law
by President Buhari is not in breach of the Code of Conduct for
Public Officers [Fifth Schedule Part 1] of the Nigerian
Constitution of 1999 [as amended] and Oath of a Member of the
National Assembly.”

The plaintiffs are seeking “an order of interim injunction
restraining President Buhari and the Minister of Finance, Budget
and National Planning, or their agents from releasing the N37
billion allocated for the renovation of the National Assembly
complex to the Federal Capital Development Agency and the National
Assembly leadership pending the hearing and determination of the
Motion on Notice for an Order of Interlocutory Injunction filed
contemporaneously in this suit.”

The plaintiffs are also seeking “an order of interim injunction
restraining the Senate President Speaker of the House of
Representatives and the Federal Capital Development Agency from
demanding or collecting the N37 billion proposed for the renovation
of the National Assembly pending the hearing and determination of
Motion on Notice filed contemporaneously in this suit.”

The plaintiffs are seeking the following substantive reliefs
from the court:

1. A DECLARATION that the N37 billion proposed,
   prescribed, voted and allocated for renovation of National Assembly
   Complex in the 2020 Nigerian National Budget via Appropriation
   Bill/Act 2019 is a breach of the Code of Conduct for Public
   Officers [Fifth Schedule Part 1] of the Constitution of Nigeria
   1999 [as amended] and Oath of a Member of the National
   Assembly
2. A DECLARATION that the N37 billion proposed,
   voted and allocated for renovation of National Assembly Complex in
   the 2020 Nigerian National Budget via Appropriation Bill/Act 2019
   signed is a breach of the Defendants’ solemn constitutional
   obligations to know and follow constitutional oaths governing their
   conduct, including their duties of care to Nigerians to faithfully
   protect and defend the constitution and improve the well-being and
   welfare of Nigerians
3. AN ORDER OF THE COURT restraining, preventing
   and stopping President Buhari and the Minister of Finance, Budget
   and National Planning from releasing the N37 billion allocated for
   the renovation of the National Assembly complex to the Federal
   Capital Development Agency and the National Assembly leadership
   until an assessment of the impact of the spending on critical
   sectors like education, health, clean water and safe roads a
   revision to the allocation, is carried out
4. AN ORDER OF THE COURT restraining, preventing
   and stopping the National Assembly leadership from demanding or
   collecting the N37 billion proposed for the renovation of the
   National Assembly until an assessment of the impact of the spending
   on critical sectors like education, health, clean water and safe
   roads a revision to the allocation, is carried out
5. ANY ORDER(S) that the Honourable Court may
   deem fit to make in the circumstance of this suit.

No date has been fixed for the hearing of the suit.