A Federal High Court in Abuja has dismissed a suit filed by the Socio-Economic Rights and Accountability Project (SERAP) challenging the powers of the National Assembly to amend its budget in the 2024 Appropriation Act.
Justice James Omotosho ruled that SERAP lacked the locus standi to institute the suit.
According to the court, the interest of SERAP and the 20 concerned citizens it represented was no greater than that of the general public.
This decision was in line with the argument presented by Dr. Sheriff Adesanya, who represented the Senate President. Dr. Adesanya had argued that SERAP’s claims were without merit, and the court agreed with this assessment.
The court’s decision was a significant blow to SERAP’s efforts to challenge the National Assembly’s budgetary powers.
SERAP had contended that the National Assembly’s unilateral increase of its budget allocation from N197 billion to N344 billion contravened Section 81 of the Constitution, the Code of Conduct for Public Officers, and democratic principles.
SERAP had 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 court’s decision means that the National Assembly’s budgetary powers remain unchecked.
Dr. Adesanya had defended the procedural validity of the National Assembly’s budgetary actions, arguing that SERAP failed to show that the lawmakers’ action was procedurally irregular. The court’s decision suggests that the National Assembly’s actions were indeed regular and in line with constitutional procedures.
The dismissal of SERAP’s suit is a significant development in the ongoing debate about the National Assembly’s budgetary powers. It remains to be seen how this decision will impact future challenges to the National Assembly’s authority.
