Breaking News: SERAP Files Suit Against President Muhammadu Buhari

SERAP challenges President Buhari's power to increase fuel and electricity prices.

Socio-Economic Rights and Accountability Project (SERAP) and other 302 Nigerians have filed a suit against President Muhammadu Buhari for the illegal hike in electricity bill and fuel price.

They have asked the court to “declare illegal, unconstitutional and unfair the recent hike in electricity tariff and fuel price because top-level public officers cannot continue to receive the same salaries and allowances and spend public money to finance a life of luxury for themselves while asking poor Nigerians to make sacrifices.”

This was revealed in a series of tweets on their social media.

BREAKING: We’ve together with 302 Nigerians asked the Federal High Court, Abuja to declare illegal & unfair the hike in electricity tariff/fuel price because top level public officers cannot continue to receive the same salaries while asking poor Nigerians to make sacrifices.
— SERAP (@SERAPNigeria) October 18, 2020

Joined in the suit as Defendants are President Buhari, the Vice-President Professor Yemi Osinbajo, Senate President, Dr Ahmad Lawan, Speaker of House of Representatives, Mr Femi Gbajabiamila, and the Revenue Mobilization, Allocation and Fiscal Commission (RMAFC).#EndSARS
— SERAP (@SERAPNigeria) October 18, 2020

In the suit number FHC/ABJ/CS/330/2020 filed last week, we're seeking: “an order directing & compelling the RMAFC to cut the salaries, allowances & other emoluments payable to the Defendants, in line with current economic realities & principles of justice, fairness & equality.
— SERAP (@SERAPNigeria) October 18, 2020

The Constitution of Nigeria 1999 [as amended] makes it clear that the authorities should harness Nigeria’s resources to promote and ensure the maximum welfare, prosperity, freedom and happiness of every citizen on the basis of social justice and equality.
— SERAP (@SERAPNigeria) October 18, 2020

The country’s resources ought to be harnessed and distributed to serve the common good, and not to finance a life of luxury for politicians.
— SERAP (@SERAPNigeria) October 18, 2020

Increasing electricity tariff and fuel price in the middle of the COVID-19 pandemic is antithetical to the public interest, the common good, and a fundamental breach of constitutional oath of office.
— SERAP (@SERAPNigeria) October 18, 2020

Public money is spent as security votes without transparency, and to pay for lavish lifestyles for top public officers including lawmakers, who continue to buy expensive new cars at the expense of taxpayers, the poor and socially and economically vulnerable Nigerians.
— SERAP (@SERAPNigeria) October 18, 2020

@nassnigeria is also set to spend N27bn to renovate the National Assembly Complex.

Public duty means showing leadership by example and commitment to the ideals of public service, including by reducing salaries and allowances of top public officers like the Defendants.
— SERAP (@SERAPNigeria) October 18, 2020

“The court, being the last hope of the common man, must come to the aid of poor Nigerians by granting the reliefs sought by SERAP & 302 concerned Nigerians.

Unless the reliefs are granted, the Defendants will continue to breach the constitution at the expense of the poor.
— SERAP (@SERAPNigeria) October 18, 2020

What they outlined included:

DECLARATION that the exercise of the President Buhari’s power to increase the price of petrol under section 6 of the Petroleum Act 1969 and increase of electricity tariff is arbitrary, unjust, unfair, and in breach of the Oath of Office of President contained in the Seventh Schedule of the Constitution of Nigeria 1999 [as amended].

A DECLARATION that it is unlawful and unconstitutional for President Buhari, Professor Osinbajo, Dr. Lawan, and Mr. Gbajabiamila to continue to receive the same salaries and allowances and the same level of budgetary allocations, despite Nigeria’s current economic realities and light of the Public Procurement Act 2007, constitutional code of conduct for public officers, and their respective oaths of office contained in the Seventh Schedule of the Constitution.

A DECLARATION that the failure of RMAFC to reduce the salaries, allowances, and other emoluments for President Buhari, Professor Osinbajo, Dr. Lawan, and Mr. Gbajabiamila and other principal public officers in spite of their respective roles in the increase of electricity tariff and fuel price is in breach of the principle of equality before the law and equal application of the law, and Section 153 [1] [n] and Paragraph [N] 32[b] [c] [d] in Part 1 Third Schedule of the Constitution of Nigeria 1999 [as amended].

AN ORDER restraining all the Defendants individually and/or collectively, directly or through their representatives and agents from implementing any purported increase in electricity tariff and fuel price until an impact assessment of the effects on the poor and socially and economically vulnerable Nigerians is carried out.

AND for such further order(s) this Honourable Court may deem fit to make in the circumstances. No date has been fixed for the hearing of the suit.