Connect with us

Politics

SERAP prays court to order Saraki, senators to refund N13.5m‘illegal’allowance

Published

on

SERAP prays court to order Saraki, senators to refund N13.5m‘illegal’allowance

Senate President Bukola Saraki, and other senators of the Federal Republic of Nigeria have been dragged to court over the alleged illegal reception of N13.5 million each on monthly basis as allowance.

Socio-Economic Rights and Accountability Project (SERAP)b in a suit, which is before the Federal high Court in Lagos, is praying the court to order Saraki and 108 other senators to refund the money along with interest, and to also stop the lawmakers from receiving such unjustified allowances.

The organisation 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 on Monday, 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 prayed the court to among other things 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.

“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.

READ ALSO: Issues I pray will come up when Buhari meets Trump –Fani-Kayode

The suit which was filed by Ms Bamisope Adeyanju on behalf of SERAP 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.”

 

RipplesNigeria… without borders, without fears

Click here to join the Ripples Nigeria WhatsApp group for latest updates.

Join the conversation

Opinions

Support Ripples Nigeria, hold up solutions journalism

Balanced, fearless journalism driven by data comes at huge financial costs.

As a media platform, we hold leadership accountable and will not trade the right to press freedom and free speech for a piece of cake.

If you like what we do, and are ready to uphold solutions journalism, kindly donate to the Ripples Nigeria cause.

Your support would help to ensure that citizens and institutions continue to have free access to credible and reliable information for societal development.

Donate Now