Former NBA Ikeja Chairman and second Vice President of the Nigerian Bar Association, Mr Monday Ubani and another lawyer, Mr John Nwokwu have sued the Attorney General of the Federation, Revenue Mobilization Allocation and Fiscal Commission, RMAFC, the Senate and House of Representative before a Federal High Court in Lagos over huge salaries, allowances and remunerations being collected by National Assembly members.The National Assembly Service Commission (NASC) was also joined in the suit.
In an originating summons filed before the court on Thursday May 4, 2018, the two lawyers are asking the court to determine whether by relevant sections of the 1999 constitution of the Federal Republic of Nigeria, the National Assembly members has the power to fix their salaries, wages, remuneration or allowances.
The lawyers are also asking the court to determine whether RMAFC can delegate its power to determine the salaries or remuneration of the National Assembly or political office holders and/or if such power is subject to usurpation by the National Assembly or any other body(ies).
They are also asking the court to determine whether the Allocation of constituency projects and funds to the tune of N200 million to members of the National Assembly is not ultra vires, illegal and unconstitutional.
In an affidavit in support of the suit, sworn to by Mr. Ubani, he contended that based on relevant sections of the constitution, it is illegal for National Assembly members to continue to collect the sum of N13.5 million monthly as running cost, N750,000.00 as consolidated salary and allowance and N200 million constituency project allowance as revealed by recent newspaper publications.
Ubani argued that by virtue of relevant sections of the 1999 constitution as amended, RMAFC is the only authority permitted to fixed the salaries, allowances and remuneration of political office holders including that of National Assembly members.
He further contended that that the actions of the defendants have continuously depleted the national economy, subjected Nigerians into hardship and exposed the country into economic recession.
Ubani also argued that the defendants by their action connived and colluded with themselves to rob Nigerians of their common patrimonies, wreck economic havoc and economic earthquake on the national economic development.
Consequently , Ubani and his co-plaintiff are asking the court to amongst other things, make a declaration that RMAFC is only body responsible for determining, the salaries, remuneration and/or allowances of the National Assembly or political office holders.
The two lawyers are also asking the court for perpetual injunction restraining the National Assembly whether by themselves, officers, agents, privies, servants or through any person or persons howsoever from further receiving the sum of N13.5 Million monthly allowances or running cost or whatever sum as a running cost and N200 million as annual constituency project.
The duo also prayed the court to make an order that the each member of the National Assembly should refund to the federation account the sum of N13.5 Million and N10 million respectively collected as running cost since 2015 till date within 14 days of delivery of judgment in the suit.