August 18 (THEWILL) – The Socio-Economic Rights and Accountability Project (SERAP) has called on the Senate President, Godswill Akpabio, and the Speaker of the House of Representatives, Tajudeen Abbas, to “immediately disclose the exact amount of the multi-million naira monthly running costs currently being paid to and received by members of the National Assembly and the details of the expenditure of these running costs”.

SERAP also called on them to “immediately end the alleged practice of the National Assembly of setting its own salaries, allowances and running costs in line with the Nigerian Constitution of 1999 (as amended) and the country’s international obligations.”

“End the alleged practice of transferring running costs to MPs’ private accounts. Refer any alleged abuse or mismanagement of running costs to the relevant anti-corruption authorities for investigation and prosecution if there is admissible evidence.”

“The total amount of running costs paid to or received by the legislature to date must be disclosed promptly and it must be ensured that all misused or mismanaged public funds are repaid.”

THEWILL reported on Wednesday that the MP representing Kano South Senatorial District in the National Assembly, Abdurrahman Kawu Sumaila, told BBC Hausa Service that “each senator receives 21 million naira every month towards the expenses of his office.”

Although the Senate, in a statement released on Thursday by its Chairman, Senate Committee on Public Affairs, Yemi Adaramodu, said the running costs were very different from the salaries and personal allowances of lawmakers, which he noted were determined by the Revenue Mobilisation, Allocation and Fiscal Affairs Commission (RMAFC).

Senator Adaramodu, who argued that the running costs of running their offices were not solely attributable to Parliament, further clarified that “such funds will be repaid by the relevant officials after use for official purposes and proof of actual expenditure. It is not a personal allowance or salary of Parliament.” He added that such funds would also be used for constituency office staff.

The Senate Speaker, who expressed strong reservations about Parliament’s portrayal of waste, stated: “The Nigerian Senate is a gathering of accomplished and successful professionals, administrators and captains of industry who are not driven by these oft-touted outrageous financial matters but by their patriotic zeal in the nation’s quest to breathe new life into Nigeria’s political and socio-economic élan.”

However, in a letter dated August 17, 2024, signed by its Deputy Director, Kolawole Oluwadare, SERAP stated: “We are concerned about the practice of legislators in determining their salaries, allowances and running costs, as well as the lack of transparency and the fact that legislators spend millions of naira on running costs.”

“The constitutional oath of office of MPs obliges them to ensure transparency and accountability regarding the exact amount of salaries, allowances and running costs they receive.”

The letter states, in part: “The provisions of Paragraph N, Section 32(d) of the Third Schedule to the Nigerian Constitution clearly preclude the National Assembly from determining its own salaries, allowances and running costs.

“The allegations that members of the National Assembly determine their own salaries, allowances and running costs are totally inconsistent with their constitutional oath of office and the object and purpose of the United Nations Convention against Corruption, to which Nigeria is a party.

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

“The accounting and reimbursement of all misappropriated or mismanaged operating expenses collected by members of the National Assembly would increase confidence in democratic institutions and strengthen the rule of law.

“Accounting for and reimbursing all misappropriated or mismanaged running costs would also improve the ability of legislators to discharge their constitutional and statutory responsibilities effectively and efficiently.

“The country’s international legal obligations, particularly under the UN Convention against Corruption, impose a legal obligation on public officials, including lawmakers, to discharge their public duties truthfully and conscientiously.

“The Convention requires its members, in particular in Article 8(1), to promote integrity, honesty and responsibility in the management of public funds.

“Nigerians have the right to scrutinise how their MPs spend their tax money and the public purse. Nigerians also have the right to expect honest and conscientious conduct from their public officials, including MPs.

“The allegations also amount to MPs abusing the public offices entrusted to them. An end to the alleged practice of MPs setting their own salaries, allowances and running costs would strengthen public confidence in the integrity and honesty of the National Assembly.

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

“The oath of office enshrined in the Constitution requires public officials, including legislators, to refrain from all improper acts, such as setting their own salaries, allowances and running costs, which are inconsistent with the public trust.

“If the National Assembly is to exercise its oversight functions effectively and hold the government to account, it has a constitutional obligation to combat the misuse of its own expenditure.

“The fact that members of the National Assembly determine their own salaries, allowances and running costs is a farce and a fundamental breach of their duty of loyalty.

“By showing strong and effective leadership on this issue, the National Assembly can demonstrate to Nigerians that the legislature is a proper and accountable watchdog that represents and protects the public interest and is capable of holding itself accountable in the management of public funds.

“Rule 713 of the Federal Government Financial Regulations states: ‘Personal funds shall not under any circumstances be deposited into a Government bank account, and public funds shall not under any circumstances be deposited into a private bank account.

“The Seventh Schedule to the Nigerian Constitution requires members of Parliament to strive to ‘uphold the fundamental purposes and guidelines of state policy contained in the Constitution’ and to discharge their ‘duties honestly and conscientiously’ and to act ‘always in the interest of the welfare and prosperity of Nigeria’.”

“The legislators also undertake to uphold, protect and defend the Constitution of Nigeria and to 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 legislators determine their own salaries, allowances and running costs amount to private self-interest or personal dealing. It is also detrimental to the public interest.

“SERAP points out that Section 15(5) of the Nigerian Constitution requires public institutions to eliminate all corrupt practices and abuse of power. Section 16(2) of the Nigerian Constitution also states that ‘the material resources of the nation shall be best utilized and distributed to serve the common good.’

“According to our information, members of the National Assembly currently determine their salaries, allowances and running costs themselves. Running costs are reportedly paid directly into the members’ personal accounts.

“Senator Kawu Sumaila, representing Kano South Senatorial District, in a recent interview with BBC Hausa, disclosed that every Nigerian Senator earns at least 21 million naira monthly in running costs, salaries and allowances.

“Mr Sumaila was reported to have said: ‘My monthly salary is less than 1 million naira. After all deductions, the amount comes to just over 600,000 naira. Given the increase made, each senator in the Senate will receive 21 million naira per month for running costs.

“Former President Olusegun Obasanjo recently reportedly claimed that parliamentarians were setting their own salaries and allowances, contrary to the recommendation of the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC).”