Lawyers sue senators to refund salaries over poor performance

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A group of legislative lawyers under the aegis of the Association of Legislative Drafting and Advocacy Practitioners has filed a suit before the Federal Competition and Consumer Protection Tribunal, seeking to compel Nigerian senators to refund a significant portion of their salaries and allowances earned since 2023, citing poor legislative performance.

The lawyers are also demanding a full refund from 40 senators who are alleged to have concurrently held memberships in the Nigerian Senate and the ECOWAS and Pan-African Parliaments, arguing that the dual roles violate Nigerian laws.

A pre-action notice dated May 26, 2025, signed by ALDRAP’s administrative secretary, Amuga Williams, was addressed to the Senate through its President, Godswill Akpabio.

The group described Nigerian constituents as “consumers” of legislative services and said it is acting on their behalf.

The notice was titled “Pre-action Notice: Demand Made Pursuant to the Federal Competition and Consumer Protection Commission Act, 2018, for Refund of 78% of the Total Salaries and Allowances Obtained by Each of the 109 Senators from May 2023 to May 2025 for 12% Performance and Delivery of Their Statutory Duties to Constituents (Consumers), and Refund of All Salaries and Allowances Obtained by the 40 Senators Who Abandoned Their Duties at the National Assembly to Serve in the ECOWAS and Pan-African Parliaments — A Violation of Section 68 of the 1999 Constitution.”

ALDRAP said, “The Association of Legislative Drafting and Advocacy Practitioners is a professional body of legislative lawyers promoting compliance with the Nigerian Constitution through public education and litigation. We represent the constituents (consumers) of legislative services provided by the 109 senators of the Federal Republic of Nigeria.

“We demand the refund of 78% of all salaries and allowances collected from May 2023 to May 2025 (estimated at ₦15 million per month per senator), and full refunds from the 40 senators holding concurrent memberships in foreign parliaments.”

The lawyers said data showed that the 10th Senate has delivered only 12 per cent performance since its inauguration in May 2023, warning that if the demands are not met within seven days, legal proceedings would commence at the Tribunal.

In an affidavit filed on Tuesday, the group accused the Senate of failing to uphold its constitutional duties of lawmaking, oversight, and effective representation, as outlined in Sections 4, 88, and 89 of the 1999 Constitution.

The affidavit referenced an open letter by legislative law expert Dr. Tonye Clinton Jaja to Senate President Godswill Akpabio and Senate Leader Senator Opeyemi Bamidele.

In the letter dated May 26, 2025, Jaja wrote, “The 10th Senate has passed the National Anthem Act, 2024, and extended the tenure of the Inspector-General of Police without any public hearing, national dialogue, or call for memoranda.

“The Senate passed the Rivers State emergency declaration law without the required two-thirds majority in violation of Section 305 of the Constitution. It has also consistently prioritised executive-sponsored bills over private members’ bills and has failed to progress legislation addressing urgent national issues such as insecurity and agriculture.”

Jaja also condemned a statement credited to the Senate President in March 2024, where Akpabio reportedly said senators were not elected to “fight” the Executive. According to ALDRAP, the remark is “a fundamental breach of the separation of powers.”

The group further cited what it described as punitive measures taken against Senator Natasha Akpoti-Uduaghan.

“She was suspended for six months without due process. This violates the Senate’s Standing Rules and existing judicial precedents,” the affidavit stated.

It added that she has been subjected to multiple lawsuits, media smear campaigns, and a criminal prosecution allegedly initiated to intimidate her.

ALDRAP also criticised the 40 senators who have been active in foreign parliaments while retaining their positions and salaries as Nigerian lawmakers.

“Several senators have been attending ECOWAS and Pan-African Parliamentary sessions since April 2024, which raises concerns about conflict of interest and double remuneration,” the group said.

Citing an October 2024 report by parliamentary monitoring organisation OrderPaper, the group said more than 50 per cent of Senate bills between June 2023 and May 2024 were recycled from previous assemblies. Of 464 bills introduced in the first year, only 19 were passed. Between May 2024 and May 2025, just seven of 341 Senate bills were passed.

In the House of Representatives, only 114 of the 1,727 bills filed by December 2024 were passed.

Bills focused on agriculture and food security accounted for only 5.8 per cent in the House and 7.3 per cent in the Senate, while security-related bills made up just 7.2 per cent and 5.4 per cent, respectively.

ALDRAP said that unless the Tribunal compels a refund of public funds and enforces constitutional accountability, “the culture of legislative underperformance and dual office-holding will persist to the detriment of Nigerian citizens and public trust.”

The Punch

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