Order Saraki, All Senators To Refund Illegal N13.5m Allowance, SERAP Asks Court

Socio-Economic Rights and Accountability Project (SERAP) has
asked the Federal High Court in Lagos to order the Senate President
Bukola Saraki, Senator Dino Melaye and 107 other senators to refund
“illegal and unconstitutional N13.5 monthly allowance receives by
each senator with interest, and to stop the lawmakers from
receiving such unjustified allowances.”

SERAP is also asking the court to order “an investigation by
appropriate agencies as to how the public funds that have so far
been received by each senator have been spent and for the findings
of any such investigation to be made public.”

In the Suit Number FHC/L/CS/630/18 filed yesterday, SERAP argues
that, “The defence put forward by the Senators that the said sum is
contained in the Appropriations Act with different headings like
medicals, travelling, etc holds no water. This is because the
Schedule of the Remuneration Act clearly makes provision for
medicals, travelling etc. The argument that the running cost is for
such medicals etc has no legal fount.”

SERAP also argues that, “There is no doubt that the Senate
herein represented by the Senate President acted ultra vires in its
powers by allotting to themselves the said sum of N13.5 million
monthly as running cost.

It is trite law that when the word ‘shall’ is employed in a
statute, the primary meaning that the court will assign to it is
that such provision is mandatory and leaves no room for
discretionary or arbitrary exercise of power except a congruence
reading if the statute intends otherwise.”

Joined in the suit as defendants are the Senate President and
the Attorney General of the Federation and Minister of Justice
Abubakar Malami SAN.

SERAP is asking the court to determine “Whether the sum of N13.5
Million allowance allotted to each senator monthly as running cost
aside their salaries and other emoluments is not in breach of the
provisions of section 70 of the Constitution of the Federal
Republic of Nigeria 1999 (as amended) and the provisions of the
Certain Political, Public and Judicial Office Holders (Salaries and
Allowances) (Amendments) Act 2008.”

SERAP also wants the court to determine “Whether the sum of
N13.5 Million monthly allowance allotted to each senator is not
illegal, unconstitutional and unjustified having regards to the
provisions sections 70 of the Constitution of the Federal Republic
of Nigeria 1999 (as amended), the Certain Political, Public and
Judicial Office Holders Act 2008 and the Appropriations Act.”

The suit filed on SERAP’s behalf by Ms Bamisope Adeyanju read in
part: “The sum of N13.5 Million shared by the Senate President and
other senators monthly is neither part of their salaries and
allowances as approved for them by the Revenue Mobilisation
Allocation and Fiscal Commission (RMAFC) nor contained in the
Appropriations Act.

“This is further strengthened by the declaration of the RMAFC
that the said sum is not known to the RMAFC and therefore
illegal.”

“Furthermore the provisions of the Certain Political, Public and
Judicial Office Holders (Salaries and Allowances) (Amendments) Act
2008 (hereinafter referred to as ‘the Remuneration Act’) do not
contain the said running cost enjoyed by the Senate President and
other senators.”

“Section 70 of the Constitution is mandatory and makes no room
for discretionary act. When such provision is breached as in the
instant case there is no other option than to hold that the
Defendants’ action is illegal, unconstitutional and unjustified
having contravened the sacrosanct provisions of the grundnorm and
other relevant statutes herein cited.”

“The Senate President and his colleagues in the Senate allot to
themselves the sum of N13.5 Million monthly aside their monthly
salaries and allowances as running cost since assuming office.
SERAP learnt of this illegal act Sen. Shehu Sani, the senator
representing Kaduna Central revealed that he and his colleagues
receive N13.5 Million monthly aside their salaries and allowances.
The Revenue Mobilisation, Allocation and Fiscal Commission (RMAFC),
the constitutional body responsible for fixing public officials’
salaries and allowances, has declared the said sum of N13.5 Million
running cost of the Senate President and other senators as
illegal.”

“The Senate President and other senators allotting to themselves
the sum of N13.5 Million monthly runs afoul of the law and as such
their act amounts to illegality, and is unconstitutional and
unjustified.”

“Section 70 of the Constitution of the Federal Republic of
Nigeria 1999 (as amended) (hereinafter referred to as ‘the
Constitution’) clearly provides that: A member of the Senate or the
House of Representatives shall receive such salary and other
allowances as the Revenue Mobilisation Allocation and Fiscal
Commission may determine.­”

SERAP is seeking the following reliefs:

A declaration that the sum of N13.5 Million allotted to each
senator per month as running cost aside their salaries and
allowances is in breach of the provisions of section 70 of the
Constitution of the Federal Republic of Nigeria 1999 (as amended),
and the Certain Political, Public and Judicial Office Holders
Act.

A declaration that the sum of N13.5 Million allotted to senators
per month as running cost is illegal, unconstitutional and
unjustified having regards to section 70 of the Constitution of the
Federal Republic of Nigeria 1999 (as amended), and the Certain
Political, Public and Judicial Office Holders Act 2008 and the
Appropriations Act.

An order directing the Defendants to stop allotting the sum of
N13.5 Million to each senator per month as running cost, the said
sum being illegal and unconstitutional.

An order compelling the 2nd Defendant to call for immediate
investigation by the appropriate federal agency on the use to which
the said sum was put to by the 1st Defendant and his
colleagues.

An order directing the Defendants to make public the findings of
the investigation by publishing same in at least two national
dailies.

Any order(s) that the Honourable Court may deem fit to make in
the circumstance of this suit.

Socio-Economic Rights and Accountability Project (SERAP) has
asked the Federal High Court in Lagos to order the Senate President
Bukola Saraki, Senator Dino Melaye and 107 other senators to refund
“illegal and unconstitutional N13.5 monthly allowance receives by
each senator with interest, and to stop the lawmakers from
receiving such unjustified allowances.”

SERAP is also asking the court to order “an investigation by
appropriate agencies as to how the public funds that have so far
been received by each senator have been spent and for the findings
of any such investigation to be made public.”

In the Suit Number FHC/L/CS/630/18 filed yesterday, SERAP argues
that, “The defence put forward by the Senators that the said sum is
contained in the Appropriations Act with different headings like
medicals, travelling, etc holds no water. This is because the
Schedule of the Remuneration Act clearly makes provision for
medicals, travelling etc. The argument that the running cost is for
such medicals etc has no legal fount.”

SERAP also argues that, “There is no doubt that the Senate
herein represented by the Senate President acted ultra vires in its
powers by allotting to themselves the said sum of N13.5 million
monthly as running cost.

It is trite law that when the word ‘shall’ is employed in a
statute, the primary meaning that the court will assign to it is
that such provision is mandatory and leaves no room for
discretionary or arbitrary exercise of power except a congruence
reading if the statute intends otherwise.”

Joined in the suit as defendants are the Senate President and
the Attorney General of the Federation and Minister of Justice
Abubakar Malami SAN.

SERAP is asking the court to determine “Whether the sum of N13.5
Million allowance allotted to each senator monthly as running cost
aside their salaries and other emoluments is not in breach of the
provisions of section 70 of the Constitution of the Federal
Republic of Nigeria 1999 (as amended) and the provisions of the
Certain Political, Public and Judicial Office Holders (Salaries and
Allowances) (Amendments) Act 2008.”

SERAP also wants the court to determine “Whether the sum of
N13.5 Million monthly allowance allotted to each senator is not
illegal, unconstitutional and unjustified having regards to the
provisions sections 70 of the Constitution of the Federal Republic
of Nigeria 1999 (as amended), the Certain Political, Public and
Judicial Office Holders Act 2008 and the Appropriations Act.”

The suit filed on SERAP’s behalf by Ms Bamisope Adeyanju read in
part: “The sum of N13.5 Million shared by the Senate President and
other senators monthly is neither part of their salaries and
allowances as approved for them by the Revenue Mobilisation
Allocation and Fiscal Commission (RMAFC) nor contained in the
Appropriations Act.

“This is further strengthened by the declaration of the RMAFC
that the said sum is not known to the RMAFC and therefore
illegal.”

“Furthermore the provisions of the Certain Political, Public and
Judicial Office Holders (Salaries and Allowances) (Amendments) Act
2008 (hereinafter referred to as ‘the Remuneration Act’) do not
contain the said running cost enjoyed by the Senate President and
other senators.”

“Section 70 of the Constitution is mandatory and makes no room
for discretionary act. When such provision is breached as in the
instant case there is no other option than to hold that the
Defendants’ action is illegal, unconstitutional and unjustified
having contravened the sacrosanct provisions of the grundnorm and
other relevant statutes herein cited.”

“The Senate President and his colleagues in the Senate allot to
themselves the sum of N13.5 Million monthly aside their monthly
salaries and allowances as running cost since assuming office.
SERAP learnt of this illegal act Sen. Shehu Sani, the senator
representing Kaduna Central revealed that he and his colleagues
receive N13.5 Million monthly aside their salaries and allowances.
The Revenue Mobilisation, Allocation and Fiscal Commission (RMAFC),
the constitutional body responsible for fixing public officials’
salaries and allowances, has declared the said sum of N13.5 Million
running cost of the Senate President and other senators as
illegal.”

“The Senate President and other senators allotting to themselves
the sum of N13.5 Million monthly runs afoul of the law and as such
their act amounts to illegality, and is unconstitutional and
unjustified.”

“Section 70 of the Constitution of the Federal Republic of
Nigeria 1999 (as amended) (hereinafter referred to as ‘the
Constitution’) clearly provides that: A member of the Senate or the
House of Representatives shall receive such salary and other
allowances as the Revenue Mobilisation Allocation and Fiscal
Commission may determine.­”

SERAP is seeking the following reliefs:

A declaration that the sum of N13.5 Million allotted to each
senator per month as running cost aside their salaries and
allowances is in breach of the provisions of section 70 of the
Constitution of the Federal Republic of Nigeria 1999 (as amended),
and the Certain Political, Public and Judicial Office Holders
Act.

A declaration that the sum of N13.5 Million allotted to senators
per month as running cost is illegal, unconstitutional and
unjustified having regards to section 70 of the Constitution of the
Federal Republic of Nigeria 1999 (as amended), and the Certain
Political, Public and Judicial Office Holders Act 2008 and the
Appropriations Act.

An order directing the Defendants to stop allotting the sum of
N13.5 Million to each senator per month as running cost, the said
sum being illegal and unconstitutional.

An order compelling the 2nd Defendant to call for immediate
investigation by the appropriate federal agency on the use to which
the said sum was put to by the 1st Defendant and his
colleagues.

An order directing the Defendants to make public the findings of
the investigation by publishing same in at least two national
dailies.

Any order(s) that the Honourable Court may deem fit to make in
the circumstance of this suit.