<p>Socio-Economic Rights and Accountability Project (SERAP) and 192 concerned Nigerians have filed a lawsuit asking the Federal High Court 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.”</p>



<p>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.”</p>



<p>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.”</p>



<p>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.”</p>



<figure class="wp-block-image size-large"><img src="https://openlife.ng/wp-content/uploads/2020/02/Reps.jpg" alt="" class="wp-image-2445"/></figure>



<p>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.”</p>



<p>“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.”</p>



<p>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].”</p>



<p>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.”</p>



<p>“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.”</p>



<p>“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.” </p>



<p>“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.”</p>



<p>“This case raises
issues of public interests, national interest, public concern, social justice,
good governance, transparency and accountability.”</p>



<p>“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.”</p>



<p>“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.”</p>



<figure class="wp-block-image size-large"><img src="https://openlife.ng/wp-content/uploads/2020/02/SERAP-1.jpg" alt="" class="wp-image-2446"/></figure>



<p><strong>The plaintiffs are seeking the following
reliefs:</strong></p>



<p>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 </p>



<p>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</p>



<p>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</p>



<p>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</p>

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