- Over alleged diversion of N18.6bn NASS project fund
The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the Senate President, Godswill Akpabio, and the Speaker of the House of Representatives, Tajudeen Abbas, over their alleged failure to account for N18.6 billion allocated for the construction of the National Assembly Service Commission (NASC) office complex.
SERAP is suing Akpabio and Abbas on behalf of all members of the National Assembly, with the NASC also joined as a respondent. The organisation is seeking an order of mandamus compelling the respondents to disclose the whereabouts of the N18.6 billion reportedly paid to a “fictitious construction company” and to release all procurement documents related to the project, including bid advertisements, quotations, contract agreements, Tender Board minutes and Federal Executive Council (FEC) approval.
The organisation is also seeking the disclosure of the identity of the company that allegedly collected the funds.
SERAP argued that the allegations amount to a grave breach of public trust and violate provisions of the 1999 Constitution and international anti-corruption standards. It noted that Nigerians have a fundamental right to know how public funds are utilised, insisting that granting the reliefs sought would strengthen institutional integrity and advance the rule of law.
In the suit filed by its lawyers – Kolawole Oluwadare, Kehinde Oyewumi and Andrew Nwankwo – SERAP stated that the National Assembly bears a constitutional responsibility to uphold transparency and accountability in public finance management. Compelling the legislature to fully account for the funds, it added, would help restore public confidence in its oversight functions.
According to the Auditor-General’s report, the NASC paid over N11.6 billion on 11 August 2020 to an “unknown construction company” for the construction of its office complex within 24 months. Another N6.9 billion was reportedly paid on November 29, 2023 for the “conversion of the roof garden to office space”, in what auditors described as contract inflation.
The report further revealed that both contracts were awarded without basic procurement processes, including needs assessment, newspaper advertisement, bidding, contract agreements, bidders’ quotations, FEC approval, or a Bureau of Public Procurement (BPP) Certificate of No Objection. The Auditor-General warned that the entire ₦18.6 billion may have been misappropriated or diverted.
SERAP maintained that the alleged violations reflect a continuing failure by the National Assembly and its commission to uphold transparency and accountability standards. It stressed that granting the reliefs sought would help ensure that individuals implicated in any diversion or mismanagement are held accountable, and may facilitate the recovery of misused public funds.
The organisation added that corruption continues to impose severe economic and social burdens on vulnerable Nigerians by weakening public services, deepening poverty and eroding trust in institutions. It cited constitutional obligations—particularly Sections 13, 15(5), 16(1)(a)(b) and 16(2)—which mandate public institutions to curb corruption and promote national prosperity.
SERAP also referenced Nigeria’s commitments under the UN Convention against Corruption, which require accountability and proper management of public resources.
The suit reads in part: “the National Assembly ought to live up to its constitutional responsibilities by upholding and defending the basic principles of transparency, accountability and the rule of law.
“Granting the reliefs sought would also improve public confidence and trust in the ability of the National Assembly to exercise its constitutional and oversight responsibilities, and to adhere to the highest standards of integrity, transparency and accountability in the management of public funds.
“According to the recently published 2022 audited report by the Auditor General of the Federation, the National Assembly Service Commission paid over N11.6 billion [N11,647,302,594,00] to ‘an unknown construction company’ for ‘the construction of the Commission’s Complex within 24 months.
“The payment was reportedly made on 11 August 2020. But the contract was inflated by over N6.9 billion [N6,930,000.000.00] and the money was reportedly paid to the construction company on 29 November 2023 for the conversion of the roof garden to office space.
“The contract was reportedly awarded without a Bill of Quantity (BOQ) for the upward of the contract, and the ‘BOQ for the contract of N11.6 billion was not priced.
“Both contracts were reportedly awarded without any needs assessment, newspaper advertisements, bidding process, contract agreement, bidders’ quotations and without any approval by the Federal Executive Council (FEC). There was also no ‘Bureau of Public Procurement’ Certificate of ‘No Objection’.
“The Auditor-General fears the N18.6 billion of public funds budgeted for ‘the construction of the Commission’s Office Complex and the conversion of the roof garden to office space’ may have been diverted, misappropriated or stolen. He wants the money accounted for.
“These grave violations reflect the continuing failure of the National Assembly and its commission to uphold the principles of transparency and accountability.
“Granting the reliefs sought would ensure that those suspected to be responsible for the diversion and misappropriation of the N18.6 billion are brought to justice and facilitate the recovery of any proceeds of corruption.
“Poor and vulnerable Nigerians continue to bear the heavy economic and social costs of corruption. Corruption exposes them to additional costs to pay for health, education and administrative services.
“Corruption traps the majority of Nigerians in poverty and deprives them of opportunities. The National Assembly, therefore, has a responsibility to curb it.
“Allegations of corruption continue to undermine economic development, violate social justice, and destroy trust in economic, social, and political institutions, as well as lead to deficient public services.
“Section 15(5) of the Nigerian Constitution requires public institutions, including the National Assembly and its commission, to abolish all corrupt practices and abuse of power.
“Section 13 of the Nigerian Constitution imposes clear responsibility on the National Assembly and its commission to conform to, observe and apply the provisions of Chapter 2 of the Constitution.
“Under Section 16(1)(a)(b), the National Assembly and its commission have the obligations to ‘harness the resources of the nation and promote national prosperity and an efficient, dynamic and self-reliant economy’, and to ‘secure the maximum welfare, freedom and happiness of every citizen.
“Section 16(2) further provides that, ‘the material resources of the nation are harnessed and distributed as best as possible to serve the common good.
“Nigeria has made legally binding commitments under the UN Convention against Corruption to ensure accountability in the management of public resources.
“Articles 5 and 9 of the UN Convention against Corruption also impose legal obligations on the National Assembly to ensure proper management of public affairs and public funds. These commitments ought to be fully upheld and respected.
No date has been fixed for the hearing of the suit.