SERAP Loses Case As Court Upholds National Assembly’s Authority To Amend 2024 Budget

The Federal High Court in Abuja has dismissed a lawsuit filed by the Socio-Economic Rights and Accountability Project (SERAP) challenging the National Assembly’s authority to adjust its budget allocation within the 2024 Appropriation Act.

Justice James Omotosho ruled that SERAP lacked the legal standing (locus standi) to initiate the case.

Representing the Senate President, Sheriff Adesanya argued that SERAP and the 20 citizens it represented had no greater interest in the matter than the general public.

The court upheld this argument, stating the claims brought forth lacked merit and dismissing the suit in its entirety.

SERAP, through its counsel Andrew Nwankwo of Eko Akete Chambers, had argued that the National Assembly’s increase of its budget from ₦197 billion to ₦344 billion violated Section 81 of the Constitution, the Code of Conduct for Public Officers, and democratic principles, including the separation of powers.

The group sought a declaration that the amendment was unconstitutional and demanded that the National Assembly re-present such changes to the President for approval before enactment.

Adesanya countered these claims, emphasizing the procedural validity of the National Assembly’s actions.

He maintained that SERAP had provided no evidence to rebut the presumption of regularity afforded to legislative acts.

Adesanya noted that allegations of procedural irregularities were speculative, as there was no proof that the revised appropriation bill was not forwarded to the President as required.

The lawyer had told the court that “It is respectfully submitted that the presumption of regularity enjoyed by the National Assembly’s Act must be rebutted by the Plaintiffs.

“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.”