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.”
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.”
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.”
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.”
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.
“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.”
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].”
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.
“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.
“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.
“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.
“This case raises issues of public interests, national interest, public concern, social justice,
good governance, transparency and accountability.
“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.
“About Three Billion was voted to buy cars for members of the House of Representatives in
- The sum of N128 billion was budgeted and allocated to the National Assembly in the
approved 2019 national budget.”
The plaintiffs are seeking the following reliefs:
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
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
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
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
No date has been fixed for the hearing of the suit.
