Falana led ASCAB; N21m monthly allowance per senator unlawful threatens legal action
Femi Falana, SAN, a prominent Nigerian lawyer and human rights advocate, has accused the current leadership of the National Assembly of unlawfully increasing the salaries and allowances of its members. Falana, who chairs the Alliance on Surviving COVID-19 and Beyond (ASCAB), criticized the recently reported N21 million monthly “running cost” per senator, arguing that this allocation was not included in the 2024 Appropriation Act.
In a statement released on Monday, Falana described the N21 million monthly allowance as “illegal and contemptuous,” pointing out that its absence from the official budget represents a violation of legal and constitutional standards. He emphasized that this allocation was not authorized by the Revenue Mobilisation, Allocation, and Fiscal Commission (RMAFC), and it contravenes both legal norms and a valid order from the Federal High Court.
Falana recalled that in March 2018, Senator Shehu Sani disclosed that each senator was receiving N13.5 million monthly for running costs in addition to over N750,000 in salary and allowances. This revelation led to a legal challenge against the high salaries and allowances of federal legislators. The case, Suit No FHC/L/CS/790/2018, was brought by Monday Ubani and challenged the constitutional validity of these payments.
Two NGOs, the Socio-Economic Rights and Accountability Project (SERAP) and Enough is Enough (EIE), also filed similar suits, seeking the annulment of the N14 million monthly package for senators. The National Assembly defended the salaries and allowances, but on June 4, 2021, Justice Chuka Obiozor ruled that the National Assembly and the National Assembly Service Commission lacked the authority to determine or instruct the RMAFC on salaries, wages, or allowances.
The court’s ruling mandated that the RMAFC review and adjust the salaries to reflect economic realities, as stipulated in Section 32(b)(d) of the Third Schedule of the Nigerian Constitution. Despite this, Falana accused the current National Assembly leadership of defying this court order by increasing the senators’ monthly allowances to N21 million. Senator Abdurrahman Kawu Sumaila confirmed this amount in a recent interview with BBC Hausa Service.
Falana criticized the National Assembly’s defense that the N21 million is merely a “running cost,” arguing that this claim attempts to mislead the public. He noted that the 2024 Appropriation Act allocates N370 billion for running costs and contingencies across the National Assembly but does not include any provision for the N21 million monthly allowance for senators.
The 2024 budget allocates funds as follows: N36.7 billion for the National Assembly Office, N49 billion for the Senate, N79 billion for the House of Representatives, N12.3 billion for the National Assembly Service Commission, and N20.3 billion for Legislative Aides. Additionally, N70 billion is designated for “working conditions,” and N57 billion for SUVs for members of the National Assembly.
Falana underscored that the N21 million monthly allowance is not provided for in the 2024 Appropriation Act, rendering it illegal. He urged lawmakers to adhere to the law and warned that legal action for contempt might follow if they do not comply. Falana also highlighted the growing inequality in the country, noting that the legislators’ substantial emoluments contrast sharply with the recently enacted Minimum Wage Act, which stipulates a N70,000 minimum wage for workers.
