Court gives order on suit seeking senators to refund N13.5m running cost

A suit praying the court to compel members of the National Assembly to refund all they had collected in the last three years as running costs on Tuesday gained some ground at the Federal High Court in Lagos.

The court presided over by Justice Chuka Obiozor ordered that the court processes be served on the National Assembly.

Members of the Senate and their counterpart at the House of Assembly, were said to have allocated a running cost of N13.5 million and N10 million respectively to themselves.

Two legal practitioners, Messrs Monday Ubani and John Nwokwu, are challenging the allocation before the court and praying that the lawmakers from the two chambers of the National Assembly be compelled within 14 days to refund all they had collected in the last three years as running costs.

The hearing on the matter was stalled on Tuesday due to the failure of the court sheriff to serve the court processes on the defendants, who are the Attorney General of the Federation, the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC), the Senate and the House of Representatives.

Counsel for the plaintiff, J.O. Igwe, had expressed worries that the defendants were yet to be served with the court processes even though the plaintiffs had “mobilised” the court sheriff.

He said, “We mobilised him (sheriff) three weeks ago. A week ago, he assured us that the proof of service was in court. But we got to court to discover that the defendants have not been served. In the circumstances, we’re left with no choice but to ask for a further hearing date.”

Justice Obiozor consequently ordered that the court sheriff ensure service of court process were served on the National Assembly and adjourned hearing of the matter till October 29, 2018 after the annual long vacation of the court.

The plaintiff are contending in their suit that the N10 million and N13.5 million monthly running costs which the lawmakers fixed for themselves were illegal.

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On the argument that only the RMAFC had the power to determine salaries and allowances of Nation Assembly members and other public office holders, the plaintiff want the court to determine “whether RMAFC can delegate its power to determine the salaries or remuneration of the National Assembly or political office-holders and/or if such power is subject to usurpation by the National Assembly or any other body(ies).”

They are also praying the court to decide whether the allocation of constituency projects and funds to the tune of N200 million to members of the National Assembly is not ultra vires, illegal and unconstitutional.

The plaintiff want the court to give a perpetual injunction restraining the National Assembly “whether by themselves, officers, agents, privies, servants or through any person or persons howsoever, from further receiving the sum of N13.5 million monthly allowances or running cost or whatever sum as a running costs and N200 million as annual constituency project.”

 

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