OPINION: NASS N21m Running Cost Is Illegal, Contemptuous 

By Femi Falana

Sometime in March 2018, Senator Shehu Sani, from Kaduna State and a member of the ruling All Progressives Congress, blew the whistle over the jumbo salaries and allowances of federal legislators in Nigeria. Senator Shehu Sani had, in an interview with the News Magazine, on the 8th of March 2018 revealed that “each senator receives N13.5 million monthly as running cost in addition to over N750,000.00 monthly consolidated salary and allowances”.

The disclosure led to the institution of Suit No FHC/L/CS/790/2018- Monday Ubani v The Senate & Ors at the Federal High Court where the plaintiff challenged the constitutional validity of the humongous salaries and allowances of the legislators. Two NGOS, the Socioeconomic and Accountability Project (SERAP) and Enough is Enough (EIE) filed similar suits in the same court where they prayed for the annulment of the total package of N14 million per month for a Nigerian Senator. Both Chambers of the National Assembly mounted a vigorous defence of the salaries and allowances fixed for the legislators by themselves.

In a landmark judgment delivered on June 4, 2021 in the consolidated suits, the trial judge, Justice Chuka Obiozor declared that the 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 (RMAFC)) or any person howsoever, to make, determine and/or fix the salaries, wages, remuneration, running cost or allowances of the 3rd and 4th defendants.”

Having ruled that the RMAFC (2nd defendant) is the only body responsible for determining the salaries, remuneration and/or allowances of the National assembly or political office holders, the court held that “In line with Section 32 (b)(d) of part 1 of 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.

In utter contempt of the orders of the Federal High Court, the current leadership of the National Assembly increased the salaries and allowances of a Senator from N14 million to N21 million per month. This was confirmed last week by a member of the 10th Senate and Senator representing Kano South senatorial district of Kano State on the platform of New Nigeria Peoples Party (NNPP), Abdurrahman Kawu Sumaila who revealed that he earns approximately N21million monthly in salary and allowances. The lawmaker made this revelation while speaking to BBC Hausa Service.

Apparently embarrassed by Senator Sumaila’s disclosure, the National Assembly leadership has said that the N21 million is the “running cost” of each Senator per month. The defence is a careless attempt to pull wool over the eyes of Nigerians. It is pertinent to point out that the running cost of parliament is the total money spent regularly to make the organization working.

In the 2024 Appropriation Act, the National Assembly appropriated N370 billion on running costs and contingency for the Senate and House of Representatives in the 2024 Appropriation Act. The breakdown of the running costs, contingency, etc are as follows:

i. N36.7 billion for the National Assembly Office;

ii. N49 billion for the Senate;

iii. N79 billion for the House of Representatives;

iv. N12.3billion for the National Assembly Service Commission and

v N20.3 billion for Legislative Aides.

In addition, the sum of N70 billion was approved for the “working conditions” while N57 billion was spent on buying SUVs for the members of the National Assembly at N160 million per member. The constituency projects of each senatorial district will gulp N500 million while those of the Senate President will attract N4 billion.

However, there is no provision whatsoever for monthly payment of N21 million running costs to every Senator in the 2024 Appropriation Act. To that extent, the payment is illegal. Furthermore, since the running cost was not fixed by the Revenue, Mobilisation, Allocation and Fiscal Commission, it is unconstitutional and contemptuous of the valid and subsisting order of the Federal High Court.

The lawmakers should comply with the law of the land. Otherwise, we shall soon embark on contempt proceedings

as the legislators are not above the law of the land.

Having just enacted the Minimum Wage Act that stipulates N70,000

for workers, the jumbo emolument of N21 million for federal legislators will compound the crisis of inequality in the country.

Falana, a rights activist is Senior Advocate of Nigeria, SAN.