2 months ago
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The Socio-Economic Rights and Accountability Project (SERAP) has called on Senate President, Godswill Akpabio and Speaker of the House of Representatives, Tajudeen Abbas, to immediately disclose the exact monthly running costs, amounting to millions of naira, being paid to members of the National Assembly.
SERAP is also demanding detailed accounts of how these funds are being spent.
Additionally, SERAP has urged the leadership of the National Assembly to cease the alleged practice of unilaterally determining their salaries, allowances, and running costs, which contradicts the Nigerian Constitution of 1999 (as amended) and the country’s international obligations.
The organization further insisted that the practice of depositing running costs directly into the personal accounts of lawmakers must end.
SERAP is advocating for any alleged misuse or mismanagement of these funds to be reported to the relevant anti-corruption agencies for thorough investigation and prosecution, where applicable evidence exists.
SERAP also called for the immediate disclosure of the total running costs paid to lawmakers to date and requested the return of any public funds that have been misappropriated or misused.
Naija News reports that the request for accountability follows the disclosure by Senator Abdurrahman Kawu Sumaila, who represents Kano South senatorial district of Kano State in the National Assembly, that Senators get ₦21 million naira monthly each as allowances and running costs.
In a letter dated August 17, 2024, and signed by SERAP’s deputy director, Kolawole Oluwadare, the organization expressed concern over the current practice of lawmakers determining their own salaries, allowances, and running costs.
SERAP highlighted the lack of transparency in the spending of millions of naira allocated for these running costs.
SERAP emphasized that the constitutional oath of office taken by lawmakers obliges them to ensure transparency and accountability regarding the exact amounts of salaries, allowances, and running costs they receive.
The letter partly read: “The provisions of paragraph N, section 32(d) of the Third Schedule to the Nigerian Constitution clearly make it unlawful for the National Assembly to fix its own salaries, allowances and running costs.
“The allegations that members of the National Assembly are fixing their own salaries, allowances and running costs are entirely inconsistent and incompatible with the constitutional oath of office and the object and purpose of the UN Convention against Corruption to which Nigeria is a state party.
“We would be grateful if the recommended measures are taken within seven days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall take all appropriate legal actions to compel you and other members of the National Assembly to comply with our request in the public interest.
“Accounting for and returning any misused or mismanaged running costs collected by members of the National Assembly would build trust in democratic institutions and strengthen the rule of law.
“Accounting for and returning any misused or mismanaged running costs collected would also enhance the ability of the lawmakers to effectively and efficiently discharge their constitutional and statutory responsibilities.
“The country’s international legal obligations especially under the UN Convention against Corruption impose a legal commitment on public officials including lawmakers to discharge a public duty truthfully and faithfully.
“The convention specifically in paragraph 1 of article 8 requires members to promote integrity, honesty and responsibility in the management of public resources.
“Nigerians have a right to scrutinize how their lawmakers spend their tax money and the commonwealth. Nigerians also have a right to honest and faithful performance by their public officials including lawmakers.
“The allegations also clearly amount to members taking advantage of their entrusted public positions. Ending the reported practice by lawmakers fixing their own salaries, allowances and running costs would improve public confidence in the integrity and honesty of the National Assembly.
“It would show that the Senate and House of Representatives under your leadership can focus on serving the public interest of Nigerians rather than looking after themselves.
“Constitutional oath of office requires public officials including lawmakers to abstain from all improper acts, such as fixing their own salaries, allowances and running costs, that are inconsistent with the public trust.
“The National Assembly has a constitutional responsibility to combat abuse in its own spending if it is to effectively exercise its oversight functions and hold the government to account.
“It is a travesty and a fundamental breach of their fiduciary duties for members of the National Assembly to fix their own salaries, allowances and running costs.
“By exercising strong and effective leadership in this matter, the National Assembly can show Nigerians that the legislative body is a proper and accountable watchdog that represents and protects the public interest, and is able to hold itself to account in the management of public resources.
“Rule 713 of the Federal Government Financial Regulations provides: ‘Personal money shall in no circumstances be paid into a government bank account, nor shall any public money be paid into a private bank account.’
“In the Seventh Schedule to the Nigerian Constitution, members lawmakers commit to strive to ‘preserve the Fundamental Objectives and Directive Principles of State Policy contained in the Constitution’, [and to] perform their ‘functions honestly, faithfully’, to act ‘always in the interest of the well-being and prosperity of Nigeria’.
“Lawmakers also commit ‘preserve, protect and defend the Constitution of Nigeria; and abide by the Code of Conduct contained in the Fifth Schedule to the Constitution.’
“‘Public function’ means activities in the public interest, not against it. The reports that lawmakers are fixing their own salaries, allowances and running costs amount to private self-interest or self-dealing. It is also detrimental to the public interest.
“SERAP notes that Section 15(5) of the Nigerian Constitution requires public institutions to abolish all corrupt practices and abuse of power. Section 16(2) of the Nigerian Constitution further provides that, ‘the material resources of the nation are harnessed and distributed as best as possible to serve the common good.’
“According to our information, members of the National Assembly are currently fixing their own salaries, allowances and running costs. The running costs are reportedly paid directly into the personal accounts of members.
“Senator Kawu Sumaila, representing Kano South Senatorial District, recently disclosed in an interview with BBC Hausa that each Nigerian senator earns at least ₦21 million monthly in running costs, salaries, and allowances.
“Mr Sumaila reportedly said, ‘My monthly salary is less than ₦1 million. After deductions, the figure comes down to a little over ₦600,000. Given the increase effected, in the Senate, each senator gets ₦21 million every month as running cost.’
“According to reports, former President Olusegun Obasanjo recently alleged that the lawmakers fix their own salaries and allowances, contrary to the recommendation of the Revenue Mobilisation Fiscal Allocation Commission (RMAFC).”
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