A Prominent human rights lawyer, Femi Falana, yesterday  called attention to the blatant breach of the relevant provisions of the Nigerian Constitution  while condemning the National Assembly’s decision to allocate N70 billion as palliatives for its members, saying that it is illegal and contemptuous. adsbygoogle || []).push({}); adsbygoogle || []).push({});

The statement that is contained in a press statement issued yesterday, 16th July, 2023 urged the immediate reversal of the controversial measures

Recall that N70 billion was allocated and, disbursed among 306 newly elected members, plus N40 billion set aside for the purchase of bulletproof cars and Sports Utility Vehicles (SUVs) for principal officials and members, sparking public outrage. Falana, a Senior Advocate of Nigeria (SAN) emphasized that these decisions blatantly contravene Section 70 of the Constitution of the Federal Republic of Nigeria, 1999, which outlines the appropriate remuneration and allowances for members of the National Assembly. citing recent court judgments, including Monday Ubani & Anor vs Attorney-General of the Federation & Ors and the case filed by the Socio-economic Rights Accountability Project (SERAP), Enough is Enough (EiE), and BudgIT against the National Assembly, Falana affirmed that the judiciary had already ruled against such excessive allowances.

The Federal High Court, in both cases, declared that the National Assembly Service Commission has no authority to determine the remuneration and allowances of its members. The court emphasized the need for the Revenue Mobilisation, Allocation and Fiscal Commission (RMAFC) to review and adjust salaries and allowances in line with the country’s economic realities. Falana stressed that these judgments remain valid and binding, and the National Assembly’s actions are therefore illegal and contemptuous.

He called on the leadership and members of the National Assembly to reverse the controversial allowances and the purchase of luxury vehicles. In the event that these actions are not promptly rectified, Falana urged the RMAFC to take immediate measures to prevent further usurpation of its constitutional functions. He warned that failure to do so would result in contempt proceedings against the Chairman of the RMAFC and the leaders of both chambers of the National Assembly. “Out of sheer insensitivity coupled with impunity, the members of the National Assembly, regardless of political affiliation, conspired to breach the relevant provisions of the Constitution of the Federal Republic of Nigeria, 1999 by padding the Supplementary Appropriation Bill, 2023 to provide the so called palliative of N70 billion for 306 newly elected members.

While the masses of Nigeria are groaning under the excruciating economic pains unleashed on them by the ruling class, the National Assembly has awarded N228.7 million to each of the newly elected legislators. “As if that is not enough, the members of the National Assembly have earmarked N40 billion to purchase 465 Sports Utility Vehicles (SUVs) and bulletproof cars for principal officials and members.

However, the legislators approved the sum of N500 billion for 12 million indigent people in a country where the National Bureau of Statistics has said that “62.9 percent of people (133 million) are multidimensional poor.”

“The callous and insensitive decisions of the members of the National Assembly constitute a flagrant contravention of Section 70 of the Constitution of the Federal Republic of Nigeria, 1999 as amended, which stipulates as follows: ‘A member of the Senate or of the House of Representatives shall receive such salary and other allowances as Revenue Mobilisation Allocation and Fiscal Commission may determine’,” the statement read in part.

Making reference to a previous case, Falana said, “In Monday Ubani & Anor. v AttorneyGeneral of the Federation & Ors (Suit No FHC/LA/ CS/690/ 2018), the learned trial Judge, Professor Chuka Obiozor had cause to interpret the above provision of the Constitution when he held that, “The national assembly service commission has no power whatsoever to fix and determine or allocate the remuneration, allowances, salaries, emoluments or monetary values to the members of the national assembly.” His Lordship observed that “Given many years of extreme poverty in the country, and the inability of several state governments to pay salaries of workers and pensions, the refusal or failure of the Revenue Mobilisation, Allocation and Fiscal Commission to review and cut the salaries and allowances of members of the national assembly is a gross violation of the 1999 Nigerian Constitution (as amended) and the commission’s own Act.”

“For the avoidance of doubt, the learned trial Judge held that, “The allowances of wardrobe, newspapers, kitchen travelling domestic and constituency project allowances of the members of the national assembly are never contemplated or in the intendment of the constitution which created them and specified how they can be remunerated.”

Consequently, the Court ordered the RMAFC to review the salaries and allowances of members of the National Assembly to reflect the country’s current economic realities.

“The epochal judgment was adopted by the Federal High Court in the similar case (Suit No FHC/LA/CS/943/2019) filed by the Socioeconomic Rights Accountability Project (SERAP), Enough is Enough (EiE), and BudgIT against the National Assembly on the same subject matter and assigned to the same Judge.

“It is pertinent to note that both judgments of the Federal High Court have not been set aside by any higher court. Neither has the execution of the judgments been stayed or varied either by the Federal High Court or the Court of Appeal. Therefore, since the judgments are valid and subsisting, they are binding on all members of the Legislative and Executive Organs of the Federal Government.

“In view of the foregoing, it is crystal clear that by approving allowances in the form of palliatives for themselves without the approval of the Revenue Allocation Mobilization and Fiscal Commission the members of the National Assembly deliberately acted illegally and contemptuously. As such actions cannot be justified in a democratic society which claims to operate under the rule of law, we are compelled to call on the leaders and members of the National Assembly to reverse the scandalous palliatives and purchase of exotic vehicles.

“However, if the illegal decisions are not reversed, we call on the Revenue Allocation Mobilization and Fiscal Commission to take urgent steps to prevent the National Assembly from further usurping its constitutional functions. Otherwise, we are going to commence contempt proceedings against the Chairman of the RAMFC and the leaders of both Chambers of the National Assembly”., the statement concluded.

The House of Representatives has assured Nigerians that the revitalization of the economy remains the priority of the House even amidst the economic and other challenges posed by the coronavirus pandemic.

The House, through a statement issued in Abuja on Saturday by its Spokesman, Hon. adsbygoogle || []).push({}); Benjamin Kalu (APC, Abia state) while reacting to the signing into law of the Companies and Allied Matters Act (amendment) Bill (“CAMA”), 2020 by President Muhammadu Buhari on Friday stated that assent of the President to bill was a direct result of the “harmonious working relationship between the legislature and the executive.”

The statement revealed that the leadership of the House of Representatives had earlier assured Nigerians that the bill was going to be signed into law, especially with the tenacious efforts of the leadership of the House, and indeed the National Assembly.

According to the Spokesman, the 9th House of Representative would not and never relent in deploying “legislative interventions” to help in solving the challenges of Nigeria.

The House’ statement describing the President’s assent to the bill was a “major landmark” as it will revolutionize the way business is being done in Nigeria, moving forward.

The House’ full statement reads:

“The 9th National Assembly has scored another major landmark with the Companies and Allied Matters Act (amendment) Bill (“CAMA”), which was signed into law by President Muhammadu Buhari on Friday, August 7, 2020.

“On February 25, while meeting with the Presidential Enabling Business Environment Council led by Dr Jumoke Oduwole, the Special Adviser to the President on Ease of Doing Business, Speaker Femi Gbajabiamila had assured Nigerians that the House would fast-track the consideration and amendment of CAMA, stating that the bill was a key priority of the 9th House necessary to address national economic challenges and to improve the legal framework for doing business in Nigeria.

“The bill which was passed barely two weeks after that promise, comes as a result of the resolve of both chambers of the 9th National Assembly to facilitate the ease of doing business in Nigeria. Its final assent into law marks a key milestone in the fulfillment of the legislative agenda of the House under the leadership of Speaker Femi Gbajabiamila and is attributable to the harmonious working relationship between the Legislature and the Executive.

“The Nigerian economy remains a priority for the 9th House and in the same manner with which it swiftly and diligently passed the Finance Act, the Deep Offshore Sharing Formula Act, and the revised Appropriation Act 2020, the House will continue to deploy strategic legislative interventions to improve governance and make the business environment more accommodating.

“Going forward, the House will prioritize the Electoral Act (amendment) Bill, the Constitution Amendment, and the Petroleum Industry Governance Bill (PIGB), among other all-important legislation as promised by the Speaker at different fora and in line with the contract between members of the House and the Nigerian people, because ‘Nation Building’ is indeed ‘A Joint Task’.