…Say Bloated Cost May Affect Spending on Other Critical Sectors

…Insist It’s Self-Serving, Wrongful, Illegal, Unconstitutional Expenditure of Public Funds

The 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 President Muhammadu Buhari and Minister of Finance, Budget and National Planning, Mrs Zainab Ahmed “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 plaintiff 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 plaintiff 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-plaintiff include: Bring Back Our Girls (BBOG) Co-Convener, Aisha Yesufu; Nigerian Singer and Actor, Banky Wellington; former President, Civil Liberties Organisation (CLO), Mrs Ayo Obe; Executive Director, Women Advocates Research and Documentation Centre (WARDC), Dr Abiola Akiyode-Afolabi, and a Journalist, Mr  Fisayo Soyombo.

The suit, filed by Mr Kolawole Oluwadare and Mr Opeyemi Owolabi, reads 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 plaintiff 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 plaintiff 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.”

They 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 plaintiff 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 and 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 and 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.

Meanwhile, a member of the House of Representatives, Mr Raheem Olawuyi, has suggested that the proposed N37 billion budgeted for National Assembly renovation should be channeled to development of education and other critical sectors.

Olawuyi, representing Ekiti/Irepodun/Isin/Oke-Ero Federal Constituency, made the call on Monday in Omu-Aran.

According to him, some members of NASS are opposed to expending the huge amount on renovation of the complex.

Olawuyi said the N37 billion set aside for the renovation of the National Assembly can empower 3.7 million rural women at the rate of N10,000 each in boosting their trading and commercial activities.

He said it was not too late to correct an unpopular policy which has received series of knocks from the citizenry.

Olawuyi, also Chairman of the House Committee on Emergency and Disaster Preparedness, said that the amount would facilitate the emergence of at least 370,000 new businesses.

“The widows’ empowerment initiative is a product of an in-depth research and fact finding which reveals that a small amount is needed by some constituents to turn around their fortunes for the better.

“We discovered that with small amount added to their existing small businesses, some of the constituents can take care of the feeding, school fees and other pressing needs of their families,” he said.

The lawmaker also said that renovation of the complex was exclusive preserve of the National Assembly Commission.

“There are many misconceptions going on among the public. Some people think that members have certain amount to benefit from the N37 billion renovation fund.

“I think there should be decorum in the polity and lawmakers also deserve some respect in the discharge of their civic responsibility.

“Members have no direct link with such fund in the first place talk less of benefitting from it,” he said. Olawuyi said that such amount of money for renovation of the Assembly should be channelled to other critical sectors, especially at the grassroots to make desired impact.