Order Saraki, Melaye, others to refund ‘illegal N13.5m allowance with interest,’ 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.

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