The Federal High Court in Abuja has dismissed a suit filed by the Incorporated Trustees of the Socio-Economic Rights and Accountability Project challenging the powers of the National Assembly to amend its budget allocation in the 2024 Appropriation Act.
In his ruling, Justice James Omotosho held that SERAP lacked the locus standi to institute the suit, agreeing with the argument of Dr. Sheriff Adesanya, counsel to the Senate President (1st Respondent), that SERAP and the 20 concerned citizens it represented had no greater interest in the matter than the general public.
Justice Omotosho also concurred with Dr. Adesanya’s submission that the claims presented by SERAP were without merit. Consequently, the court dismissed the case in its entirety.
SERAP, represented by Andrew Nwankwo of Eko Akete Chambers, had argued that the National Assembly’s decision to increase its budget allocation from ₦197 billion to ₦344 billion violated Section 81 of the Constitution, the Code of Conduct for Public Officers, and democratic principles, particularly the doctrine of separation of powers.
The organization sought a declaration that the budgetary increase was unconstitutional and requested orders compelling the National Assembly to adhere to constitutional procedures by re-presenting any amended appropriation bills to the President for approval before enactment.
However, the National Assembly opposed SERAP’s claims.
Dr. Adesanya argued that the plaintiffs lacked the standing to file the suit and maintained that the National Assembly’s budgetary actions were procedurally valid. He stated that SERAP failed to provide evidence of any procedural irregularity.
“It is respectfully submitted that the presumption of regularity enjoyed by the National Assembly’s Act must be rebutted by the Plaintiffs,” Adesanya told the court.
He further argued, “Apart from speculative claims by the Plaintiffs that the altered appropriation bill was not forwarded to the President after amendment by the National Assembly, there is no evidence (assuming such alteration necessitated representation to the President) to support this assertion.”
Justice Omotosho upheld these arguments and dismissed SERAP’s case, affirming the procedural integrity of the National Assembly’s budgetary amendments.