Court Dismisses SERAP’s Suit Against NASS Budget Amendment
Kehinde Fajobi
The Federal High Court in Abuja has dismissed a suit filed by the Incorporated Trustees of the Socio-Economic Rights and Accountability Project (SERAP), challenging the National Assembly’s authority to amend its budget in the 2024 Appropriation Act.
Justice James Omotosho, delivering the judgment, ruled that SERAP lacked the locus standi to initiate the case.
He agreed with the counsel for the Senate President, Dr. Sheriff Adesanya, that the interest of SERAP and the 20 citizens it represented was no greater than that of the general public.
Dr. Adesanya argued that the plaintiffs’ claims lacked merit, and Justice Omotosho upheld this position, dismissing the suit entirely.
SERAP, represented by Andrew Nwankwo, had argued that the National Assembly’s unilateral increase of its budget allocation from ₦197 billion to ₦344 billion violated Section 81 of the Constitution, the Code of Conduct for Public Officers, and the principles of democracy, particularly the separation of powers.
The organisation sought a court declaration that the budgetary increase was unconstitutional and demanded that the National Assembly re-submit any amended appropriation bills to the President for approval before enactment.
However, Dr. Adesanya defended the lawmakers’ actions, stating that SERAP failed to prove any procedural irregularities.
“It is respectfully submitted that the presumption of regularity enjoyed by the National Assembly’s Act must be rebutted by the Plaintiffs,” Adesanya said.
He further argued that SERAP’s claims were speculative, stating, “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 the procedural validity of the National Assembly’s budgetary actions and dismissed the case in its entirety.