Ubani and Nwokwu win Against the National Assembly in Court Over fictitious salaries and allowances

Mr.  Monday Ubani, ex-Vice President of the NBA and current Chairman of SPIDEL, and John Nwokwu have won a major legal victory over the National Assembly’s bogus salaries and allowances.

In the Judgment delivered today, the 4th of June, 2021 in the Suit of
1. Monday Ubani
2. John Nwokwu

AND

1. Attorney General of the Federation,
2. Revenue Mobilisation Allocation and Fiscal Commission,
3. The Senate of the Federal Republic of Nigeria
4. The House of Representatives of the Federal Republic of Nigeria
5. National Assembly Service Commission

The Plaintiffs approached the Federal High Court, Lagos to challenge
Constitutionality of the bogus remuneration and allowances of the
members of the National Assembly. Since the inception of democracy in
Nigeria in 1999, Nigerians have been demanding to know how much their
Representatives in the National Assembly collect as salaries and
allowances, the members of the National Assembly have kept that
information as a top-secret. However, in March 2018 one of the Senators –
Senator Shehu Sani in an interview revealed that each Senator receives
the sum of N13.5 million monthly as running cost, in addition to
N750,000 monthly consolidated salary and allowances. Another online
the publication further revealed that each Senator is entitled to the sum of
N200 million annually as constituency project allowance.

Being
aggrieved by this revelation, Mr. Monday Onyekachi Ubani proceeded to
the Federal High Court alongside another legal Practitioner – Mr. John
Nwokwu to challenge the constitutionality of this bogus amount of money
collected by the members of the National assembly monthly and annually.
The case was handled by Joseph Igwe Esq. led by leading Human Rights
lawyers, Mr.  Femi Falana, SAN.

The National Assembly filed a defense denying ever collecting such amount of money, however, they
failed to disclose to the Court how much they collect. The National

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assembly Service Commission also filed a defense denying being the one
that approach and pay such amount of money to the members of the
National Assembly. They also challenged the locus standi of the
Plaintiffs to institute the action against them, and also contended that
the Plaintiffs have no cause of action against them, urging the Court
to strike out the suit.

In a well-considered judgment delivered
on the 4th day of June 2021, Hon. Justice Chuka Austine Obiozor, first
dismissed the preliminary objections of the National assembly (sued as
the 3rd and 4th Defendants) stating that the plaintiffs have locus
standi to institute the action citing the Supreme Court case of Centre
for oil Pollution Watch v. NNPC. The Court held that public-spirited
individuals (Taxpayers) has sufficient interest in ensuring that public
authorities submit to the rule of law and that no public authority has
power to arbitrarily or with impunity break the law or general statute.

1.
The 3rd, 4th, and 5th Defendants ( The Senate, The House of
Representatives and the National Assembly Service Commission) have no
power, close or semblance of power and cannot determine, direct, command
and/or instruct the 2nd defendant (Revenue Mobilisation Allocation and
Fiscal Commission) or any person howsoever, to make, determine, and/or
fix the salaries, wages, remuneration, running cost, or allowances of the
3rd and 4th Defendants.

2. The 2nd defendant is the only body
responsible for determining the salaries, remuneration, and/or allowances
of the National assembly or political officeholders.

3. Inline
with Section 32 (b)(d) of part 1 of the third schedule of the Constitutional
of the Federal Republic of Nigeria, 1999 as amended, the 2nd Defendant
should forthwith downward review and fix the salaries, remuneration or
allowances of the 3rd and 4th Defendants to reflect the economic
realities in the country.

4. The 5th Defendant cannot or have no power whatsoever and howsoever to fix, determine or allocate the remuneration. Allowances, salaries, emolument, or monetary value/s to the
3rd and 4th defendants.

The Court recommended that since the
Members of the National Assembly has denied collecting the jumbo
remunerations and allowances, the EFCC should look at their books and if
it is found that they truly collect such an amount of money, they should
be prosecuted.

A similar case was filed by SERAP and assigned to
the same judge who held that whatever decision is reached in Messrs
Ubani and Nwokwu’s case in Suit No FHC/LA/CS/690/ 2018 should bind on
them.