GOVERNANCE

SERAP, BudgIT, EiE, 6,721 Nigerians sue 9th Senate over N5.5bn on cars

&NewLine;<p>Socio-Economic Rights and Accountability Project &lpar;<a>SERAP&rpar;&comma; BudgIT&comma; Enough is Enough &lpar;EiE&rpar;&nbsp&semi;<&sol;a>and&nbsp&semi;<a>6&comma;721 concerned Nigerians<&sol;a>&nbsp&semi;have filed a lawsuit&NewLine;asking the Federal High Court to &OpenCurlyDoubleQuote;restrain&comma; prevent and stop the National&NewLine;Assembly Service Commission from paying or releasing the sum of N5&period;550 billion&NewLine;budgeted for purchase of luxury cars for principal members of the 9th Senate&comma;&NewLine;and to restrain and stop the Senate from collecting the money until the&NewLine;downward review of the amount proposed by the Senate&period;”<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>In suit number FHC&sol;L&sol;CS&sol;1511&sol;2019 filed last Friday at the Federal&NewLine;High Court&comma; Ikoyi Lagos&comma; the plaintiffs argued&colon; &OpenCurlyDoubleQuote;Spending a huge sum of N5&period;550&NewLine;billion to buy luxury cars for principal members of the 9th Senate is unjust&NewLine;and unfair&period; It negates the constitutional oath of office made by members to&NewLine;perform their functions in the interest of the well-being and prosperity of&NewLine;Nigeria and its citizens&comma; as contained in the Seventh Schedule of the 1999&NewLine;Nigerian Constitution &lpar;as amended&rpar;&period;”<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>The plaintiffs also argued&colon; &OpenCurlyDoubleQuote;The proposed spending by the ninth&NewLine;Senate raises pertinent questions&colon; What is the economic value and contribution&NewLine;of the vehicles sought to be purchased to the grand scheme of Nigeria’s&NewLine;economy&quest; What are the parameters used to arrive at cost efficiency and value&NewLine;for money in the decision to purchase the vehicles&quest;&nbsp&semi; Where are the&NewLine;vehicles purchased by the eighth Senate&quest;”<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>The 6&comma;721 concerned Nigerians who joined the suit as co-plaintiffs&NewLine;with SERAP&comma; BudgIT and EiE include&colon; Bring Back Our Girls &lpar;BBOG&rpar; co-conveners&comma;&NewLine;Oby Ezekwesili and Aisha Yesufu&semi; Jibrin Ibrahim&semi; Edetaen Ojo&semi; Abiola&NewLine;Akiyode-Afolabi&comma; and Deji Adeyanju&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>The plaintiffs argued&colon; &OpenCurlyDoubleQuote;The failure or refusal by the Senate to&NewLine;comply with legal and constitutional provisions is nothing but an act of&NewLine;arbitrariness&period; The money could be better allocated to more important sectors of&NewLine;the National Assembly expenditure – like constituency projects and National&NewLine;Assembly-endowed educational scholarships&period;”<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>The suit&comma; filed by Kolawole Oluwadare and supported by an&NewLine;affidavit of urgency&comma; read in part&colon; &OpenCurlyDoubleQuote;A public officer shall not put himself in&NewLine;a position where his personal interest conflicts with his official duties&period; But&NewLine;the plan to spend N5&period;550 billion to buy vehicles for principal members of the&NewLine;Senate is a textbook case of a conflict of their personal interests with&NewLine;national interest of fiscal efficiency &&num;8211&semi; a conflict eventually resolved in&NewLine;favour of personal and self-interest&period;”<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>&OpenCurlyDoubleQuote;Members of the National Assembly as public officials form a very&NewLine;tiny percentage of about 200 million Nigerians&period; It is public knowledge and&NewLine;judicially noticed that members of the Senate are still eligible to collect&NewLine;huge sums of money as monthly allowances and severance pay on conclusion of&NewLine;their respective terms at the National Assembly&period;”<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>&OpenCurlyDoubleQuote;It is thus rational that this matter is presently generating a&NewLine;lot of public concern and many Nigerians are now calling for a review of the&NewLine;sum proposed and budgeted for vehicles for members&period; In the face of glaring&NewLine;facts about Nigeria’s dire economic position vis-a-vis the scant allocations to&NewLine;critical sectors of the nation&comma; we can only pray the Court to do substantive justice&NewLine;by granting our reliefs sought&period;”<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>&OpenCurlyDoubleQuote;There is real urgent need to assign&comma; hear and determine this&NewLine;matter expeditiously&period; The well-being and prosperity of Nigeria requires&NewLine;commitment and sacrifice by all and sundry&period; However&comma; the plan to spend N5&period;550&NewLine;Billion &lbrack;amounting to 6&period;4&percnt; of Nasarawa State budget&rsqb; is anything but a&NewLine;commitment to pursue the interest&comma; well-being and prosperity of Nigeria and its&NewLine;citizens&period;”<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>&OpenCurlyDoubleQuote;We urge the court to grant the plaintiffs’ reliefs by stopping&NewLine;the spending of N5&period;550 billion on luxury cars by the Senate and compelling the&NewLine;Senate to undertake a downward review of the sum proposed and budgeted&comma;&NewLine;consistent with the provisions of section 57&lbrack;4&rsqb; of the Public Procurement Act&NewLine;2007&period; Unless the reliefs sought are granted&comma; the Senate will continue to&NewLine;benefit from the breach of the law&comma; and at the expense of millions of Nigerians&NewLine;living in poverty&period;”<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>The plaintiffs want the court to determine&colon; &OpenCurlyDoubleQuote;Whether the plan to&NewLine;spend N5&period;550 billion to buy vehicles for principal members of the ninth Senate&NewLine;is not in breach of Section 57&lbrack;4&rsqb; of the Public Procurement Act 2007&comma; Paragraph&NewLine;1 of Code of Conduct for Public Officers &lbrack;Fifth Schedule Part 1&rsqb; of the&NewLine;Constitution of the Federal Republic of Nigeria 1999 &lbrack;as amended&rsqb; and Oath of&NewLine;office &lbrack;Seventh Schedule&rsqb; of the Constitution of the Federal Republic of&NewLine;Nigeria 1999”<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>The plaintiffs therefore are seeking the following reliefs from&NewLine;the court&colon;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>1&period;&nbsp&semi;&nbsp&semi;&nbsp&semi;&nbsp&semi;<em>A DECLARATION<&sol;em>&nbsp&semi;that the sum of&NewLine;N5&period;550 billion proposed and budgeted for purchase of vehicles for principal members&NewLine;of Senate &lbrack;National Assembly&rsqb; is in breach of Section 57&lbrack;4&rsqb; of the Public&NewLine;Procurement Act 2007&comma; Paragraph 1&comma; Code of Conduct for Public Officers &lbrack;Fifth&NewLine;Schedule Part 1&rsqb; of the Constitution of the Federal Republic of Nigeria 1999&NewLine;and Oath of Office &lbrack;Seventh Schedule&rsqb; of the Constitution of the Federal&NewLine;Republic of Nigeria 1999<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>2&period;&nbsp&semi;&nbsp&semi;&nbsp&semi;&nbsp&semi;<em>AN ORDER&nbsp&semi;<&sol;em>compelling the ninth&NewLine;Senate to undertake a downward review of the amount proposed and budgeted for&NewLine;purchase of vehicles for principal members of the 1st Defendant in compliance&NewLine;with Section 57&lbrack;4&rsqb; of the Public Procurement Act 2007<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>3&period;&nbsp&semi;&nbsp&semi;&nbsp&semi;&nbsp&semi;<em>AN ORDER&nbsp&semi;<&sol;em>restraining&comma; preventing&NewLine;and stopping the National Assembly Service Commission from paying out or&NewLine;releasing the sum of N5&period;550 billion proposed&comma; earmarked and budgeted for&NewLine;purchase of vehicles for principal members of Senate &lbrack;National Assembly&rsqb; until&NewLine;the downward review of the amount proposed by the ninth Senate<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>4&period;&nbsp&semi;&nbsp&semi;&nbsp&semi;&nbsp&semi;<em>AN ORDER&nbsp&semi;<&sol;em>restraining&comma; preventing&NewLine;and stopping all members of the Senate from collecting or demanding the sum of&NewLine;N5&period;550 billion proposed and budgeted for purchase of vehicles for principal&NewLine;members of Senate until the downward review of the amount proposed for purchase&NewLine;of the vehicles<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>5&period;&nbsp&semi;&nbsp&semi;&nbsp&semi;&nbsp&semi;<em>ANY ORDER&lpar;S&rpar;<&sol;em>&nbsp&semi;that the Honourable&NewLine;Court may deem fit to make in the circumstance of this suit&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>No date has been fixed for the hearing of the suit&period;<&sol;p>&NewLine;

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