As a temporary measure while its applications for an injunction are heard and decided, the Socio-Economic Rights and Accountability Project (SERAP) has asked the Federal High Court in Lagos to order the House of Representatives not to purchase and deliver 360 sports utility vehicles (SUVs) for its members worth N57.6 billion.
Following news that the lawmakers were planning to order and receive N57.6 billion worth of SUVs, SERAP filed motions for interim and interlocutory injunctions.
Each of the SUVs would cost taxpayers at least N160 million, according to Anaedoonline.ng.
In the applications filed last week, SERAP is seeking “an order of interim injunction restraining the National Assembly from procuring, taking delivery and distributing the SUVs to their members, pending the hearing and determination of the motion on notice for an order of interlocutory injunction filed simultaneously in this suit.”
SERAP is also asking for whatever additional orders the court may judge appropriate given the circumstances of this case.
Recall that in August, SERAP petitioned the Federal High Court under case number FHC/L/CS/1606/2023, questioning “the legality of the National Assembly’s expenditure of billions of naira to purchase exotic and bulletproof cars for members and principal officials.”
In addition, SERAP sent President Bola Tinubu an open letter requesting that he exert pressure on the House of Representatives’ leadership to prevent members from receiving 360 sports utility vehicles (SUVs) while the interim injunction application is being heard and decided.
In the letter dated 21 October 2023 and signed by SERAP deputy director Kolawole Oluwadare, the organisation also urged the president to “put pressure on the leadership of the Senate and stop members from taking delivery of the planned procurement of bulletproof SUVs, pending the hearing and determination of the application for interim injunction filed before the Federal High Court.”
The letter, read in part: “Allowing the National Assembly to go ahead and purchase and take delivery of the SUVs would prejudice the outcome of the suit pending in court and make a mockery of the rule of law.
“Unless you exercise your executive powers and discharge your constitutional oath of office act as recommended, the lawmakers would go ahead to procure and take delivery of the N57.6 billion vehicles, and thereby present the court with a fait accompli.
“It would invariably hamstring the ability of the court to do justice in the pending suit and applications for injunction.
“Stopping the leadership of the House of Representatives and members from going ahead to procure and take delivery of the SUVs, pending the hearing and determination of the applications for injunction would be entirely consistent with the notions of the rule of law, judicial independence and integrity and the public interest.
“Exercising your constitutional powers in this matter would promote the effective administration of justice and maintain the integrity of the claims against the lawmakers.
“Allowing the House of Representatives to procure and take delivery of the 360 SUVs for its members and the Senate to go ahead with its planned purchase of close to 500 SUVs while the applications for injunction are pending before the court would be detrimental to the rule of law and the public interest.
“It would also be incompatible with the constitutional oath of office. The constitutional oath of office under the Seventh Schedule to the Constitution of Nigeria 1999 (as amended), imposes clear responsibility on you to uphold and maintain the provisions of the constitution and the rule of law.
“In its most basic form, the rule of law is the principle that no one is above the law. Also, section 5 of the Nigerian Constitution grants you the execute powers to ensure the ‘execution and maintenance of this Constitution’.
“The country’s international legal obligations especially under the UN Convention against Corruption and human rights treaties to which Nigeria is a state party also impose a legal commitment on your government to uphold the rule of law and the integrity of the judicial process.
“We would therefore be grateful if the recommended measures are taken upon the receipt and/or publication of this letter.”
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