Wednesday, December 18

NASS Palliative Of N110bn Is Illegal, Callous – Femi Falana

Human rights lawyer, Femi Falana, has strongly criticized the National Assembly’s decision to allocate N70 billion as palliatives for its members, deeming it illegal and contemptuous.

He stated this in a press statement released on Sunday. Falana highlighted the clear violation of relevant provisions in the Nigerian Constitution and urged an immediate reversal of these contentious measures.

The allocation of N70 billion, distributed among 306 newly elected members, coupled with the N40 billion reserved for purchasing Sports Utility Vehicles (SUVs) and bulletproof cars for principal officials and members, has ignited widespread public outrage.

Falana, who isn’t the first to condemn it, emphasized the National Assembly’s callousness and lack of empathy, particularly in light of the economic hardships endured by the majority of Nigerians.

According to the Senior Advocate (SAN), the decisions made regarding remuneration and allowances for members of the National Assembly are in direct violation of Section 70 of the Nigerian Constitution.

The callous and insensitive decisions of the members of the National Assembly constitute a flagrant contravention of Section 70 of the Constitution of the Federal Republic of Nigeria, 1999 as amended, which stipulates as follows:

“A member of the Senate or of the House of Representatives shall receive such salary and other allowances as Revenue Mobilisation Allocation and Fiscal Commission may determine.”

Recent court judgments, such as the case of Monday Ubani & Anor. vs Attorney-General of the Federation & Ors, as well as the case brought by Socio-economic Rights Accountability Project (SERAP), Enough is Enough (EiE), and BudgIT against the National Assembly, have already established that such excessive allowances are unlawful.

Both cases concluded that the National Assembly Service Commission does not possess the authority to determine the remuneration and allowances of its members.”

Additionally, the court highlighted the importance of the Revenue Mobilisation, Allocation and Fiscal Commission (RMAFC) in reviewing and adjusting salaries and allowances in accordance with the country’s economic situation.

“In view of the foregoing, it is crystal clear that by approving allowances in the form of palliatives for themselves without the approval of the Revenue Allocation Mobilization and Fiscal Commission the members of the National Assembly deliberately acted illegally and contemptuously.

” As such actions can not be justified in a democratic society which claims to operate under the rule of law, we are compelled to call on the leaders and members of the National Assembly to reverse the scandalous parliatives and purchase of exotic vehicles.”

“However, if the illegal decisions are not reversed, we call on the Revenue Allocation Mobilization and Fiscal Commission to take urgent steps to prevent the National Assembly from further usurping its constitutional functions. Otherwise, we are going to commence contempt proceedings against the Chairman of the RAMFC and the leaders of both Chambers of the National Assembly.

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