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SERAP, others sue Gbajabiamila, Reps over ‘plan to spend N5.04bn on 400 exotic cars’

Published

5 years ago

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By Sahara weekly

The 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 2016. 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.

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Sahara weekly online is published by First Sahara weekly international. contact [email protected]

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*Go out and vote, it’s your right – Ogun APC charges electorate*

Published

2 days ago

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November 14, 2024

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*Go out and vote, it’s your right - Ogun APC charges electorate*

*Go out and vote, it’s your right – Ogun APC charges electorate*

 

As the party campaigns for the 2024 Local Government election in Ogun State draws to a close midnight of today (Thursday), the All Progressives Congress, APC, has charged registered voters in Ogun State to go out and exercise their fundamentals rights on Saturday “without any fear whatsoever”.

*Go out and vote, it’s your right - Ogun APC charges electorate*

Addressing the grand finale of APC in Odogbolu Local Government, the Publicity Secretary of the party in Ogun State, Tunde Oladunjoye said, “APC has done very well under the administration of Prince Dapo Abiodun, and we are poised to win the chairmanship and councilorship elections overwhelmingly come Saturday”.

Oladunjoye, who is also Senior Media Consultant to Governor Dapo Abiodun on Media, thanked the Odogbolu people for showing massive support to the APC in the local government.

“With what I have seen here, victory is sure. I want to thank you on behalf of the Governor of Ogun State, Prince Dapo Abiodun, CON and the Chairman of APC in Ogun State, Chief Yemi Sanusi. “Come out and vote peacefully on Saturday. It is your constitutional duty and obligation.”

Oladunjoye added that people should learn from the chairmanship candidate of the party in Odogbolu local government, Dr. Babatunde Oyetola Diya, who vied for the office about three and half years ago and did not get it, but remained faithful in the party and continued to reach out to people with his humanitarian efforts.”

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Anthony Ojo congratulates Gov Okpebholo, confirms Edo Central Senate aspiration

Published

3 days ago

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November 14, 2024

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Anthony Ojo congratulates Gov Okpebholo, confirms Edo Central Senate aspiration

Anthony Ojo congratulates Gov Okpebholo, confirms Edo Central Senate aspiration

 

 

Influential Edo State politician, Anthony Ojo has congratulated Senator Monday Okpebholo after being sworn-in as the new Governor of the State.

Anthony Ojo congratulates Gov Okpebholo, confirms Edo Central Senate aspiration
In his congratulatory message, Ojo expressed confidence in the abilities of Gov Okpebholo to bring the dividends of democracy close to the people of Edo State.

“The people of Edo State have total trust in your five-point agenda, capacity as a leader, and this is evident with their immense show of love. We have no single doubt that under you, this state will progress to the promised land,” the statement reads.

Meanwhile, Anthony Ojo has confirmed his aspiration to contest the Edo Central senatorial seat under the flagship of the All Progressives Congress (APC), a position previously held by Senator Okpebholo before he was elected governor.

He cited that sharing the same leadership ideologies with Governor Okpebholo, and the keen desire for transformative human and capacity developments in Edo State are the reasons behind his ambition.

He promised to work closely with the Governor to provide succour to Edo citizens.

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Appeal Court Further Affirms Udeze-led NEC Of Action Alliance As Valid, Authentic

Published

3 days ago

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November 13, 2024

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Appeal Court Further Affirms Udeze-led NEC Of Action Alliance As Valid, Authentic

Appeal Court Further Affirms Udeze-led NEC Of Action Alliance As Valid, Authentic

 

ABUJA – The Appeal Court sitting in Abuja has further affirmed Chief Barr. Kenneth Udeze-led National Executive Committee (NEC) of Action Alliance (AA) elected on 14th March 2021 National Convention of the party as valid and authentic.

 

Appeal Court Further Affirms Udeze-led NEC Of Action Alliance As Valid, Authentic

Action Alliance, in a statement by its National Secretary, Vernimbe A James said, “the court of appeal Abuja Division today in Appeal Number; CA/ABJ/CV/1163/2024 in a lead Judgement delivered by Hon.Justics Abba Mohammed which was concord by the other two Justices dismissed the appeal filed by Adekunle Omoaje faction through one Miller C.Orgwu ( on behalf of himself and all NEC Members Elected at Action Alliance Elective National Convention of 7th of October,2023, held at OOPL Abeokuta, Ogun State ) against 1, INEC, 2, Kenneth Udeze,3, James Vernimbe, 4, Akinuli Fred Omolere.

“The Court also awarded N400,000 cost against the appellants in favor of the Respondents.

The appeal was about the validity of the powers of Action Alliance NEC under Chief Kenneth Udeze led executive to conduct the party Governorship primary in Ondo State for the upcoming Saturday 16th November 2024, Governorship Election.

“The Federal High Court Abuja Division had earlier In Suit Number; FHC/ABJ/ CS/626/2024 Between Miller Orgwu and others (Omoaje faction) claiming to be authentic NEC of the party against 1, INEC, 2, KENNETH UDEZE,3, JAMES VERNIMBE, 4, AKINULI FRED OMOLERE presided by HON. JUSTICE JOYCE O.ABDULMALIK on 24th, September 2024 dismissed their Claim and validated the Ondo State Governorship Primary Election Conducted by Chief Barr Kenneth Udeze led Action Alliance NEC as valid and authentic, thereby Confirming the Ondo State Governorship Candidate of the party AKINULI FRED OMOLERE as the valid Candidate of the party for the 16th, November 2024 Governorship Election in Ondo State.”

The statement further said: “On 28 March 2022, the FCT High Court Abuja had affirmed and validated the Action Alliance National Convention held on 14th, March 2021 wherein Chief Barr Kenneth Udeze led NEC of the party were elected.

“Dissatisfied with the said Judgement, one Adekunle Rufai Omoaje and others were granted leave of the court of appeal to appeal same Judgement.

“On the 26th, January 2024, the Court of Appeal Abuja Division in Appeal Number; CA/ ABJ/ CV/ 955/22 Between Adekunle Rufai Omoaje and others and Chief Uzewuru Nwachukwu and others further Affirmed the FCT High Court Judgement that earlier validated the Action Alliance National Convention of 14th March,2021 wherein Chief Barr Kenneth Udeze led Action Alliance (AA) NEC of the party was elected.

“Dissatisfied with the appeal court Judgement one Adekunle Rufai Omoaje and others have appealed the Judgement to the Supreme Court of Nigeria in appeal Number: SC/ CV/162/2024 Between Adekunle Rufai Omoaje and others and Chief Uzewuru Nwachukwu and others, the matter is still pending at the Supreme Court of Nigeria which he has abandoned but desperately looking for how to come through the back door to claim the leadership of Action Alliance.”

The statement also explained that “INEC has since Complied with the Judgements validating the 14th, March 2021 National Convention of the party wherein Chief Barr Kenneth Udeze led Action Alliance NEC of the party was elected and uploaded on its website the Name of Chief Barr Kenneth Udeze- National Chairman, Vernimbe A James -National Secretary and other Elected NEC of the party as authentic.

“There is no court ruling or Judgement that Affirmed or validated any other National Convention of Action Alliance (AA) held on any other date apart from the 14th, March 2021 National Convention of the party which Courts have already and variously validated.”

Ezenwa Ibegbunam, who is the Counsel to Chief Fred Omolere, the governorship candidate of the party affirmed by the Court, noted that the judgment has further restated the correct position of the law and a vindication of the previous decision of the Court of Appeal which had earlier affirmed Chief Udeze led executive as the authentic leadership of the Action Alliance.

On his part, Chief Kenneth Udeze has praised the Court of Appeal as a citadel of justice and urged the party members across the country to remain focused.

He further noted that the Judgment has cleared the way for the victory of the party in the Ondo State gubernatorial election.

Source: Daily Independent

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