SERAP Calls for N110bn Recovery from Lawmakers Following Court Ruling on Spending

The Socio-Economic Rights and Accountability Project (SERAP) has urged the National Assembly leadership to facilitate the recovery and return of N110 billion. This demand comes in the wake of a Federal High Court judgment in Lagos, which deemed the allocation of these funds for legislators' vehicles and support allowances unlawful. Justice Yellim Bogoro, presiding over Suit No. FHC/L/CS/1606/2023, ruled that the expenditure of N40 billion on 465 vehicles and N70 billion for support allowances for new members violated established procurement laws, constitutional duties, and public trust.

In a statement issued by SERAP’s Deputy Director, Kolawole Oluwadare, on Sunday, the organization revealed it had dispatched a letter dated June 20, 2026, signed by Oluwadare himself. The letter pressed the National Assembly to promptly act on the court's decision. A portion of the statement emphasized: “Flowing from Justice Bogoro’s judgment, there must be consequences and full restitution for the lawmakers’ failure to comply with their constitutional and statutory obligations, particularly in relation to the unlawful expenditure of the N110 billion, as found by the Court.”

Furthermore, SERAP called upon the National Assembly “to immediately establish effective mechanisms to ensure that all future procurements and expenditure of public funds comply strictly with due process requirements and are guided by the principles of transparency, accountability and value for money.” The group also advocated for enhanced openness in the handling of legislative funds, advising legislators “to institutionalise public hearings on the lawmakers’ budget during every budget cycle and proactively publish the National Assembly’s detailed budgetary and expenditure information to enhance transparency, strengthen public confidence, and promote meaningful public participation in the budgeting process.”

SERAP contended that permitting the lawmakers to retain benefits derived from this spending would erode public trust and violate constitutional tenets. The organization maintained that the court's findings mandate a reversal of all advantages gained from the questioned expenditure.

SERAP’s statement continued: “Allowing lawmakers to retain benefits derived from unlawful and unconstitutional expenditure would be entirely inconsistent with the constitutional duty to abolish corrupt practices and abuse of power and would undermine public confidence in democratic institutions. No public official should be permitted to retain benefits obtained through conduct that has been judicially determined to be unlawful and unconstitutional. Restitution is necessary to uphold the rule of law, restore public trust, and ensure accountability for violations of constitutional and statutory duties. Where a court has found that public funds were expended in breach of procurement laws, constitutional provisions, and in circumstances involving self-dealing and conflict of interest, the rule of law requires that such benefits be immediately reversed and fully accounted for,” the statement affirmed.

While acknowledging that the court’s judgment did not explicitly command a refund of the N110 billion, SERAP asserted that it furnished ample legal justification for the recovery. The group issued a warning, stating its readiness to pursue further legal action if its recommendations are not acted upon within seven days.

The organization elaborated: “Although the judgment does not expressly order a refund of the N110 billion, it provides a compelling factual and legal basis for restitution when read together with the Nigerian Constitution 1999 [as amended], anti-corruption legislation, and Nigeria’s international human rights obligations.” It further warned, “We would be grateful if the recommended measures are taken within 7 days of receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall take all appropriate legal actions against you, other lawmakers, and the National Assembly to secure the recovery and return of the unlawfully expended N110 billion in the public interest and in accordance with the rule of law.”

SERAP buttressed its stance by referencing constitutional mandates, asserting: “Section 15(5) of the Nigerian Constitution requires the State to abolish all corrupt practices and abuse of power. Where a court finds evidence of self-dealing, conflict of interest, and unlawful expenditure of public funds, public institutions are under a constitutional obligation to remedy the resulting harm. The constitutional principles of legality, accountability, and good governance bind all organs of government and public officials, including the National Assembly and its members.”

Highlighting the court's conclusions, SERAP stated: “The judgment established that the schemes were implemented in breach of the Public Procurement Act, the Code of Conduct for Public Officers, constitutional oaths of office, and the principles of transparency, accountability, and value for money. Justice Bogoro found that the expenditure was tainted by self-dealing, conflict of interest, and a failure to prioritise the national interest.”

The advocacy group emphasized the necessity for robust safeguards to prevent future infringements. It declared: “The establishment of effective compliance mechanisms is essential to prevent a recurrence of unlawful expenditure and to ensure that constitutional and statutory safeguards are strictly complied with.”

Regarding budgetary transparency, SERAP argued: “Public hearings on the National Assembly’s budget would enhance public participation, improve scrutiny of legislative expenditure, and ensure that the management of public resources is subject to open and meaningful oversight.”

The organization further asserted that the National Assembly's conduct must fully reflect the intent of the court's decision. It explained: “The National Assembly cannot fully give effect to the spirit and purpose of the judgment while its members continue to retain benefits derived from conduct declared unlawful by the Court. The National Assembly’s constitutional responsibility to safeguard public resources lies at the heart of our democratic system. Accountability is a foundational value of the Constitution, and the National Assembly has a duty to uphold the highest standards of transparency, integrity, and legality in its own conduct.”

SERAP concluded by stating: “What must be paramount in ensuring compliance with the judgment is the vindication of the rule of law. The effect of such vindication is the reversal of the consequences of unlawful conduct, including the return and restitution of public resources derived from the N110 billion schemes. The reimbursement of unlawfully obtained benefits would help to restore public trust, deter future abuses, protect the right to development, and ensure that public resources are used for the benefit of the Nigerian people rather than for private enrichment.”