Two legal practitioners, Messrs Monday Ubani and John Nwokwu, have asked a Federal High Court in Lagos to order members of the House of Representatives and the senators to refund the N10m and N13.5m monthly running costs which they had respectively collected in the last three years.
The lawyers, in their suit, are contending that the N10m and N13.5m monthly running costs which the lawmakers fixed for themselves were illegal.
They are urging the court to hold that only the Revenue Mobilization Allocation and Fiscal Commission had the power to determine salaries and allowances of National Assembly members and other political office-holders.
The Attorney General of the Federation, the RMAFC, the Senate and the House of Representatives, are joined as defendants in the suit.
In an originating summons filed before the court, 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 have 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 also want the court to determine whether the allocation of constituency projects and funds to the tune of N200m to members of the National Assembly is not ultra vires, illegal and unconstitutional.
They are praying the court for a 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 N13.5m monthly allowances or running cost or whatever sum as a running cost and N200m as annual constituency project.”
They pray the court to order the lawmakers to refund all the money running costs they have received since 2015 within 14 days of the judgment
The court has yet to fix any date for hearing.