By Umunna Kalu

The President of the Senate, Godswill Akpabio, and Speaker of the House of Representatives, Tajudeen Abbas, have been urged by a rights group, the Socio-Economic Rights and Accountability Project (SERAP), to come clean and disclose millions of naira monthly run­ning costs currently being paid to and received by members of the National Assembly and the spending details of any such running costs.

SERAP also requested that the National Assembly leadership should put an end to the al­leged practice  of fixing its salaries, allowances, and running costs in conformity with the 1999 constitution (as amended) and the country’s international obligations.

SERAP further urged them to end the alleged practice of paying running costs into the personal accounts of lawmakers, and to refer the alleged misuse or mismanagement of the running costs to appropri­ate anti-corruption agencies for investigation and prosecution where there is relevant admissi­ble evidence. ­

The organisation also asked them to promptly disclose the total amount of running costs that have so far been paid to and received by the lawmakers and to ensure the return of any misused or mismanaged public funds.

In the letter dated August 17, 2024, and signed by SERAP deputy director, Kolawole Olu­wadare, the organisation said: “We are concerned about the practice by the lawmakers of fixing their salaries, allowanc­es and running costs, and the opacity and in the spending of millions of naira in running costs by lawmakers.”

SERAP noted further, “The constitu­tional oath of office of lawmakers requires them to ensure transpar­ency and accountability in the ex­act amounts of salaries, allowanc­es and running costs they receive.

“The provisions of paragraph N, section 32(d) of the Third Schedule to the Nigerian consti­tution clearly make it unlawful for the National Assembly to fix its own salaries, allowances and running costs.

“The allegations that mem­bers of the National Assembly are fixing their own salaries, al­lowances and running costs are entirely inconsistent and incom­patible with the constitutional oath of office and the object and purpose of the UN Convention against Corruption to which Ni­geria is a state party.

“We would be grateful if the recommended measures are taken within seven days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall take all appropriate legal actions to compel you and other members of the National Assembly to com­ply with our request in the public interest.

“Accounting for and returning any misused or mismanaged run­ning costs collected by members of the National Assembly would build trust in democratic insti­tutions and strengthen the rule of law.

“Accounting for and returning any misused or mismanaged run­ning costs collected would also en­hance the ability of the lawmak­ers to effectively and efficiently discharge their constitutional and statutory responsibilities.

“The country’s international legal obligations especially under the UN Convention against Cor­ruption impose a legal commit­ment on public officials including lawmakers to discharge a public duty truthfully and faithfully.

“The convention specifically in paragraph 1 of article 8 re­quires members to promote in­tegrity, honesty and responsibil­ity in the management of public resources.

“Nigerians have a right to scrutinise how their lawmakers spend their tax money and the commonwealth. Nigerians also have a right to honest and faithful performance by their public offi­cials including lawmakers.

“The allegations also clearly amount to members taking ad­vantage of their entrusted pub­lic positions. Ending the report­ed practice by lawmakers fixing their own salaries, allowances and running costs would improve public confidence in the integrity and honesty of the National As­sembly.

“It would show that the Sen­ate and House of Representatives under your leadership can focus on serving the public interest of Nigerians rather than looking after themselves.

“Constitutional oath of office requires public officials including lawmakers to abstain from all im­proper acts, such as fixing their own salaries, allowances and run­ning costs, that are inconsistent with the public trust.

“The National Assembly has a constitutional responsibility to combat abuse in its own spend­ing if it is to effectively exercise its oversight functions and hold the government to account.

“It is a travesty and a funda­mental breach of their fiduciary duties for members of the Na­tional Assembly to fix their own salaries, allowances and running costs.

“By exercising strong and ef­fective leadership in this matter, the National Assembly can show Nigerians that the legislative body is a proper and accountable watchdog that represents and protects the public interest, and is able to hold itself to account in the management of public resources.

“Rule 713 of the Federal Gov­ernment Financial Regulations provides: ‘Personal money shall in no circumstances be paid into a government bank account, nor shall any public money be paid into a private bank account.’

“In the Seventh Schedule to the Nigerian constitution, mem­ber lawmakers commit to strive to ‘preserve the Fundamental Objectives and Directive Princi­ples of State Policy contained in the constitution’, [and to] perform their ‘functions honestly, faithful­ly’, to act ‘always in the interest of the well-being and prosperity of Nigeria’.

“Lawmakers also commit to ‘preserve, protect and defend the constitution of Nigeria; and abide by the Code of Conduct contained in the Fifth Schedule to the con­stitution.’

“‘Public function’ means activities in the public interest, not against it. The reports that lawmakers are fixing their own salaries, allowances and running costs amount to private self-inter­est or self-dealing. It is also detri­mental to the public interest.

“SERAP notes that Section 15(5) of the Nigerian constitu­tion requires public institutions to abolish all corrupt practices and abuse of power. Section 16(2) of the Nigerian constitution fur­ther provides that, ‘the material resources of the nation are har­nessed and distributed as best as possible to serve the common good.’

“According to our informa­tion, members of the National Assembly are currently fixing their own salaries, allowances and running costs. The running costs are reportedly paid direct­ly into the personal accounts of members.

“Senator Kawu Sumaila, rep­resenting Kano South Senatorial District, recently disclosed in an interview with BBC Hausa that each Nigerian senator earns at least N21 million monthly in running costs, salaries, and al­lowances.

“Mr Sumaila reportedly said, ‘My monthly salary is less than N1 million. After deductions, the figure comes down to a little over N600,000. Given the increase ef­fected, in the Senate, each senator gets N21 million every month as running cost.’”