A Federal High Court in Abuja has ruled against a lawsuit filed by the Incorporated Trustees of the Socio-Economic Rights and Accountability Project (SERAP) against the National Assembly’s authority to modify its budget, as outlined in the 2024 Appropriation Act.
The group had argued that the amendment which seeks the increment of the National Assembly’s allocation from 197 billion to 344 billion contravened the code of conduct governing public officers in a democratic state, especially where there is a separation of power. Therefore sought a declaration that the budgetary increase was unconstitutional and also requested orders to compel the National Assembly to follow constitutional procedures.
However, Justice James Omotosho ruled out the suit on the basis that they lack the right standing to institute such a suit.
The judge ruled in favour of Dr. Sheriff Adesanya, representing the 1st Respondent (the Senate President), who argued that the interest of SERAP and that of the 20 concerned citizens it represented, does not outweigh the interest of the general public whom NASS says it represents.
Justice Omotosho also agreed with the submission of Dr. Adesanya (of Abiodun Adesanya & Co) that the plaintiff’s claims lack merit and focus, consequently, dismissed the entire case.
Even though SERAP pointed out that the amendment contravened Section 81 of the Constitution, the Code of Conduct for Public Officers, and democratic principles, particularly the separation of powers, the lawmakers opposed SERAP’s argument.
The lawyer had told the court that “It is respectfully submitted that the presumption of regularity enjoyed by the National Assembly’s Act must be rebutted by the Plaintiffs.
“Apart from speculative claims by the Plaintiffs that the altered appropriation bill was not forwarded to the President after amendment by the National Assembly, there is no evidence (assuming such alteration necessitated representation to the President) to support this assertion.”
