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 authority of the National Assembly to amend its budget in the 2024 Appropriation Act.
In his ruling, Justice James Omotosho held that SERAP lacked the locus standi to bring the case. He upheld the argument of Dr. Sheriff Adesanya, counsel to the 1st Respondent (the Senate President), that SERAP and the 20 concerned citizens it represented had no greater interest in the matter than the general public.
The court further ruled that the claims made by SERAP were without merit and dismissed the case in its entirety. Justice Omotosho aligned with the defense’s position that SERAP failed to provide sufficient evidence to substantiate its claims.
SERAP, represented by Andrew Nwankwo of Eko Akete Chambers, had argued that the National Assembly’s decision to increase its budget allocation from ₦197 billion to ₦344 billion violated Section 81 of the Constitution, the Code of Conduct for Public Officers, and democratic principles, particularly the separation of powers. The organization sought a declaration that the budgetary increase was unconstitutional and requested an order compelling the National Assembly to re-submit any amended appropriation bills to the President for approval before enactment.
However, Dr. Adesanya of Abiodun Adesanya & Co., representing the lawmakers, countered that SERAP’s claims were speculative and lacked evidence. He emphasized that the National Assembly’s actions were procedurally valid and enjoyed a presumption of regularity under the law.
“It is respectfully submitted that the presumption of regularity enjoyed by the National Assembly’s Act must be rebutted by the Plaintiffs,” Dr. Adesanya argued. He further noted that SERAP had failed to demonstrate any procedural irregularities in the legislative process or provide evidence that the amended appropriation bill had not been forwarded to the President for approval.
In his judgment, Justice Omotosho agreed with the defense, concluding that SERAP’s case was baseless and dismissed it accordingly.
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