in Abuja to “restrain and stop Mr Femi Gbajabiamila, Speaker of the
House of Representatives and all members of the House from spending an
estimated N5.04 billion to buy 400 exotic cars for principal officers
and members.”
SERAP is also seeking a court order to “restrain and stop the National
Assembly Service Commission from releasing any public funds to the House
of Representatives to buy 400 Toyota Camry 2020 model cars estimated to
cost $35,130 per car, until an impact assessment of the spending on
access to public services and goods like education, security, health and
clean water, is carried out.”
In the suit number FHC/ABJ/CS/205/2020 filed last Friday, SERAP and the
concerned Nigerians argue that: “Nigerians have a right to honest and
faithful performance by their public officials including lawmakers, as
public officials owe a fiduciary duty to the general citizenry. All
those who hold the strings of political power and power over spending of
Nigeria’s commonwealth have a duty to answer for their conduct when call
upon to do so by Nigerians.”
The plaintiffs also argue that: “It is illegal and unconstitutional for
members of the House of Representatives to choose to buy expensive and
exotic cars while encouraging Nigerians to tighten their belts and to
patronize Nigerian brands. It is also illegal for members to reject
cheaper and equally reliable options.”
According to the plaintiffs, “If the members of House of Representatives
take their duties to the most vulnerable and disadvantaged among us
seriously, including their duties to judiciously spend public funds,
they would not have voted to spend over $35,000 per car, especially
given the current economic and financial realities of Nigeria.”
“There is chronic poverty in Nigeria and many state governments are
unable to pay salaries of workers and pensions. Unless the reliefs
sought are granted, the House of Representatives will spend over N5
billion of public funds to buy the exotic cars at the expense of many
Nigerians living in poverty and misery.”
The plaintiffs are asking the court to determine “Whether the proposed
plan and resolution by the House of Representatives to buy 400 exotic
cars for principal officers and members amounting to over Five Billion
Naira in total, is not in breach of Section 57[4] of the Public
Procurement Act 2007, the oath of office, and Paragraph 1 of Code of
Conduct for Public Officers [Fifth Schedule Part 1] of the Nigerian
Constitution of 1999 [as amended].”
The suit, filed on behalf of SERAP and the concerned Nigerians by their
lawyers Kolawole Oluwadare and Opeyemi Owolabi, read in part: “Members
of the House of Representatives are either unaware of the constitutional
and statutory provisions on their fiduciary duties and judicious use of
public funds or deliberately glossing over these provisions.”
“It is also apparent that, besides elevating their personal interests
over and above the public interests, members of the House of
Representatives have shown insensitivity to the plight of Nigerians,
thereby violating section 14 (2)(b) of the Nigerian Constitution of
1999, to the effect that the security and welfare of the people shall be
the primary purpose of government and its institutions.”
“It is public knowledge that members of the House of Representatives
receive huge sums of money as monthly allowances and severance pay on
conclusion of their respective terms at the National Assembly. It is
rational that many Nigerians are calling for a review downward of the
sum proposed to buy cars for members.”
“There is no better time for any government/public institution to take
issues of security and welfare/wellbeing of Nigerians seriously due to
rampant kidnapping, banditry and terrorism in many parts of the country
than now.”
“This case raises issues of public interests, national interest, public
concern, social justice, good governance, transparency and
accountability.”
“The House of Representatives during an executive session held on 5th
February, 2020 reportedly passed a resolution that 400 Toyota Camry 2020
cars be purchased as official vehicles for 360 members and other
persons, including top management staff, Chief of Staff to the two
presiding officers, as well as some of their special advisers and
assistants.”
“About Three Billion was voted to buy cars for members of the House of
Representatives in 2016. The sum of N128 billion was budgeted and
allocated to the National Assembly in the approved 2019 national
budget.”
The plaintiffs are seeking the following reliefs:
A DECLARATION that the plan and resolution to buy 400 Toyota Camry 2020
cars for members of the House of Representatives at the estimated cost
of $35,130:00 per car is in breach of Section 57[4] of the Public
Procurement Act 2007, Paragraph 1, Code of Conduct for Public Officers
[Fifth Schedule Part 1] of the Constitution of Nigeria 1999 and Oath of
Office [Seventh Schedule] of the Constitution
A DECLARATION that the sum of $35,130 per car proposed and voted to buy
400 Toyota Camry 2020 cars for members of the House of Representatives
is a breach of the Defendants’ solemn constitutional obligations to know
and follow constitutional oaths and other constitutional and statutory
provisions governing their conduct, including their duty of care to
Nigerians to faithfully protect and defend the Constitution and improve
the lives, well-being and welfare of Nigerians
AN ORDER OF THE COURT restraining and stopping the National Assembly
Service Commission from releasing the money to the House of
Representatives until an assessment of the impact of the spending on
critical sectors like education, security, health, clean water and safe
roads is carried out in the public interest in accordance with their
constitutional oaths of office and constitutional provisions
AN ORDER OF THE COURT restraining and stopping all members of the House
of Representatives, their assistants, agents, assign or such other
person acting on their behalf from demanding or receiving the sum of
$35,130 per car for purchase of 400 Toyota Camry 2020 cars until an
assessment of the impact of the spending on critical sectors like
education, security, health, clean water and safe roads is carried out
in the public interest in accordance with constitutional provisions
AND FOR SUCH FURHTER 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.