A Federal High Court in Lagos has declared unlawful a controversial N110 billion expenditure by Nigeria’s National Assembly on vehicles and allowances for lawmakers, ruling that the spending violated procurement laws, constitutional provisions and principles of public accountability.
In a judgment delivered May 6, 2026, Justice Yellim Bogoro held that the planned expenditure of N40 billion for the procurement of 465 vehicles for lawmakers and N70 billion in support allowances for newly elected members breached the Public Procurement Act, the Code of Conduct for Public Officers and the constitutional oath of office.
The lawsuit was filed by the Socio-Economic Rights and Accountability Project (SERAP) against Senate President Godswill Akpabio and House Speaker Tajudeen Abbas on behalf of members of the National Assembly.
Justice Bogoro ordered the National Assembly leadership to ensure that future procurement and spending of public funds comply with due process requirements and are guided by transparency, accountability and value-for-money principles.
According to the judgment, the scale of the expenditure and the failure to demonstrate compliance with procurement procedures rendered the spending unlawful.
“Looking at the magnitude of the expenditure, coupled with the absence of demonstrable due process, leads me to conclude that the procurement is arbitrary, disproportionate and inconsistent with statutory procurement standards,” the judge said.
The court also found that lawmakers stood to benefit directly from the expenditure they approved.
“The beneficiaries of the expenditure are the very officials approving it, and the expenditure confers direct pecuniary and material benefits. This constitutes a case of self-dealing and conflict of interest,” Bogoro ruled.
The judge cited Nigeria’s economic challenges, saying the allocation of N110 billion for lawmakers’ benefit failed to prioritize the public interest amid widespread hardship.
“I have taken judicial notice of the economic realities in Nigeria and the widespread financial hardship affecting Nigerian citizens,” she said.
Bogoro rejected arguments by the National Assembly that the doctrine of separation of powers shielded legislative spending decisions from judicial review.
“The doctrine of separation of powers does not operate as a shield for illegality,” she said. “The court is concerned with the legality and constitutionality of legislative spending.”
The court further held that the expenditure violated the fiduciary duty public officials owe citizens.
“Public office must not be used for personal enrichment. Public officers must act within constitutional boundaries and in good faith,” the judge said.
SERAP filed the suit in August 2023 after reports indicated lawmakers planned to spend N40 billion on 465 bulletproof vehicles and N70 billion in support allowances during a period of worsening economic hardship.
The organization argued that the expenditure violated provisions of the Public Procurement Act, the Constitution and the oath of office required of public officials.
In response, the National Assembly maintained that the spending was lawful, properly appropriated and had already been implemented. It also challenged SERAP’s legal standing and argued that the group failed to issue a required pre-action notice.
However, the court upheld SERAP’s right to sue, affirming the role of public interest litigation in promoting accountability.
“SERAP, being a public interest organization committed to transparency and accountability, has demonstrated sufficient interest,” Bogoro ruled.
The judge also dismissed objections regarding pre-action notice, citing the urgency and public importance of the case.
On the merits of the case, the court found that the National Assembly failed to provide evidence showing compliance with procurement procedures, competitive bidding requirements and value-for-money assessments.
“The defendants have failed to provide any credible evidence of compliance with procurement procedure, competitive bidding and value-for-money assessment,” the judge said.
Following the ruling, SERAP Deputy Director Kolawole Oluwadare described the judgment as a major victory for transparency and accountability in the management of public resources.
Senior Advocate of Nigeria Femi Falana also welcomed the decision, saying it highlighted the gap between public officials and the economic realities facing ordinary Nigerians.
The court granted declarations that both the N40 billion vehicle procurement plan and the N70 billion support allowance scheme violated constitutional and statutory provisions. It also directed the National Assembly to ensure future expenditures comply with legal requirements governing public spending.
