THE Nigerian Bar Association (NBA) has approached a Federal High Court, sitting in Abuja, to determine the proprietary, or otherwise, of the extra quarterly allowances, which members of the National Assembly have been collecting over the years.
While many senators and members of the House of Representatives have denied ever collecting anything above the salaries and allowances allocated to them by the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC), others have attempted to justify the N45 million collected by senators and N27.5 million by members of the House.

They said the jumbo allowances were for the running of their offices, just as ministers also have running costs for their offices.
In fact, while it is believed that the senators have increased the allowances to N65 million, House members now collect N45 million quarterly in addition to the salaries and other allowances approved for them by RMAFC.
But, in its suit, the Incorporated Trustees of the NBA is asking the court to also determine whether the federal lawmakers have the powers, by virtue of the Constitution, to alter the annual appropriation bill and the supplementary appropriation bills presented by the President of the Federal Republic of Nigeria to the National Assembly.
They are also demanding that the court should order the lawmakers to refund the extra allowances already collected by them in the name of constituency allowances, or any other allowance to be paid to them during their tenure.
The draft affidavit in support of originating summons of the NBA, which was sworn to by Chief Akin Olujinmi (SAN), Mr. Olisa Agbakoba (SAN), Chief Rickey Tarfa (SAN), Prof. Yemi Osibajo (SAN), Mr. Yemi Candide–Johnson (SAN), Mr. I.A. Adedipe (SAN), Mr. Francis Ekwere and Mrs. Linda R. Bala, is seeking, among others:
•A declaration that by the combined effect of Section 70, paragraph 32(d) of the 1999 Constitution and Section 6(1) of the Revenue Mobilisation Allocation and Fiscal Commission Act, Cap R7, Laws of the Federation of Nigeria, 2004, it is only the RMAFC that is constitutionally and statutorily empowered to determine the salaries and allowances to be received by Senators, Members of the House of Repesentatives and other members of the National Assembly during their tenure.
That it is unconstitutional and illegal for the them to fix, increase, or determine any salaries or allowances including constituency allowance or any other allowance by whatever name called or defined, outside that determined by the RMAFC;
•That the payment by the above parties to themselves of the quarterly constituency allowances of N45 million for each member of the Senate and N27.5 million for each member of the House of Representatives, constitutes a breach of the duty imposed on the defendants by Sections 13 and 16(2) of the 1999.
•That by virtue of the provisions of Section 81 of the Constitution of the Federal Republic of Nigeria, 1999, the parties have no right or power to alter the annual budget estimates prepared and laid before each House of the National Assembly, either by reducing or increasing a head of expenditure, or by adding a new item or a head of expenditure into the budget estimate, thus altering the character of the budget from the one prepared and laid before each of both Houses by the President.
•That the interference by the National Assembly with or any alteration of any entry or the insertion of any new item in the annual budget estimate prepared and laid before each House of the 3rd defendant by the President amounts to an unconstitutional interference with the Executive Organ of the Federation contrary to the clear provisions of Sections 4 and 5of the 1999 Constitution, which allocate specific functions and powers to the Executive and Legislative arms of government.”
•The NBA is, therefore, asking for an order restraining the Minister of Finance and the Accountant-General of the Federation from paying, releasing or making available to the 1st to 3rd defendants any salaries and allowances or any other payment by whatever name called, in excess of the amount the RMAFC determined for the members of the national assembly members.
•An order directing the senators and members of the House and other members of the National Assembly to refund to the Minister of Finance and the Accountant General of the Federation all allowances, however called, received by them, which have not been determined for the members of the National Assembly by the RMAFC.
•An injunction restraining the lawmakers from collecting or receiving any salaries and allowances, or any other payment in excess of the amount determined by the 5th defendant for members of the 3rd defendant;
•An order restraining the lawmakers from further tampering with the contents of the annual budget estimate with a view to altering any of the items therein, removing any item therefrom, or inserting a new item therein or in any other manner altering the character of the budget estimate from that prepared and laid before each house of the 3rd defendant by the President.
The defendants include the Senate President, Speaker of the House of Representatives, Clerk of the National Assembly, RMAFC, Minister of Finance, Accountant-General of the Federation and the Attorney-General of the Federation.
However, the Senate yesterday described the efforts as merely “chasing after the wind”.
Senate spokesman Ayogu Eze told our correspondent in Abuja in a telephone interview that: “I am not going to make any pronouncements that will be prejudicial to court processes, but to me, it’s like striving after the wind”.
According to him, “the NBA’s move is a welcome development. It’s an opportunity to make the system stronger. The Supreme Court is the court of policy and anytime we have an opportunity for it to interprete or pronounce on issues, I always welcome it because it will make the system stronger. I am sure that we have not done anything outside the law. Everything that we have done at the National Assembly has been within the ambit of the provisions of the law”.
Source: Compass Newspaper – www.compassnewspaper.com