SERAP Gives N’Assembly  Seven Days to Investigate  Alleged Diversion of N6.3bn Constituency Funds

The Socio-Economic Rights and Accountability Project (SERAP) has issued a seven-day ultimatum to the leadership of the National Assembly, demanding a formal investigation into the alleged diversion of N6.3 billion in constituency funds. This move invokes the oversight functions of the legislature as provided for under Sections 88 and 89 of the 1999 Constitution of the Federal Republic of Nigeria, which empower the National Assembly to conduct investigations into the conduct of affairs of any authority or person charged with the duty of administering funds appropriated by the legislature. SERAP’s action serves as a critical mechanism for public accountability, challenging the National Assembly to exercise its constitutional mandate to ensure transparency in the management of public resources.

For legal professionals, this situation highlights the evolving landscape of public interest litigation in Nigeria, where civil society organizations are increasingly utilizing the Freedom of Information (FOI) Act and constitutional provisions to compel legislative and executive transparency. The legal significance lies in the potential for this ultimatum to escalate into a mandamus application, where the courts could be asked to compel the National Assembly to perform its statutory duty. If the legislature fails to act, the ensuing legal battle will test the limits of judicial intervention in the internal affairs of the National Assembly and the extent to which the judiciary can enforce oversight responsibilities on the legislative branch.

Practitioners should closely monitor the National Assembly’s response, as it will set a precedent for how allegations of financial impropriety within the legislature are handled in the current political climate. Attorneys representing public entities or legislative bodies should prepare for increased scrutiny regarding the documentation and reporting of constituency projects. Businesses and contractors involved in government-funded projects should ensure that their procurement and project delivery records are impeccable, as the pressure for accountability is likely to lead to more frequent audits and potential investigations by both the legislature and anti-corruption agencies.