The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) over “the proposed salary increase for political and public office holders in Nigeria particularly the president, vice-president, governors, their deputies, and lawmakers.”

RMAFC had last month disclosed the commission’s proposal to increase the salaries for the president, vice-president, governors and their deputies, and lawmakers in Nigeria, claiming that the salaries for these office holders are ‘paltry.’

In the suit number FHC/ABJ/CS/1834/2025 filed last week at the Federal High Court, Abuja, SERAP is asking the court to determine “whether RMAFC’s proposed salary hike for the president, vice-president, governors and their deputies, and lawmakers in Nigeria is not unlawful, unconstitutional and inconsistent with the rule of law.”

SERAP is asking the court for “a declaration that the proposed salary increase for the president, vice-president, governors and their deputies, and lawmakers in Nigeria is unlawful, unconstitutional and inconsistent with the rule of law as it violates the provisions of the Nigerian Constitution 1999 [as amended] and RMAFC’s Act.”

SERAP is seeking “an order of injunction restraining RMAFC, its agents and privies from taking any step to review upward the salaries of the president, vice-president, governors and their deputies, and lawmakers in Nigeria.”

SERAP is also seeking “an order directing RMAFC, its agents to review downward the salaries and allowances of the president, vice-president, governors and their deputies, and lawmakers in Nigeria to reflect the economic realities in the country.”

In the suit, SERAP is arguing that, “restraining the commission from arbitrarily increasing the salaries of the president, vice-president, governors, their deputies, and lawmakers would serve legitimate public interests.”

SERAP is also arguing that, “The RMAFC’s constitutional and statutory mandates do not imply the unrestrained powers to increase the salaries of the president, vice-president, governors, their deputies, and lawmakers.”

According to SERAP, “Reviewing downward the salaries of the president, vice-president, governors, their deputies, and lawmakers would be entirely consistent and compatible with the Nigerian Constitution, the country’s international human rights obligations, and the current economic realities in the country.”

The suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare, Ms Oluwakemi Oni, and Andrew Nwankwo, reads in part: “When the exercise of RMAFC’s constitutional and statutory mandates clashes with Nigerians’ fundamental rights, the public interests in upholding these rights ought to prevail.

“The imminent pay rise for political office holders is a gross violation of the provisions of chapter 2 of the Nigerian Constitution relating to Fundamental Objectives and Directive Principles of State Policy, and the country’s international human rights obligations.

“The combined provisions of chapter 2, and chapter 4 on fundamental rights particularly section 42 give meaning and substance to the socio-economic rights of Nigerians and their right to equality and non-discrimination.

“The RMAFC should properly discharge its constitutional and statutory mandates to ‘monitor the accruals to and disbursement of revenue from the Federation Account and ‘advise the Federal and State Governments on fiscal efficiency and methods by which their revenue can be increased.

“The imminent pay rise for political and public office holders in Nigeria particularly the president, vice-president, governors and their deputies, and lawmakers is a gross misuse of the RMAFC’s constitutional and statutory mandates.

“The RMAFC has neither unrestrained constitutional and statutory mandates nor unbridled discretion to increase the salaries of the president, vice-president, governors and their deputies, and lawmakers.

“The RMAFC has improperly and incorrectly exercised its constitutional and statutory mandates by increasing the salaries of political office holders. The proposed salary increase is a violation of the provisions of the Nigerian Constitution, the country’s human rights obligations and the legal doctrine of reasonableness.

“RMAFC cannot legitimately or justifiably increase the salaries of the president, vice-president, governors and their deputies, and lawmakers at a time when over 133 million Nigerians are poor and several state governments are failing to pay salaries of workers and pensions.

“RMAFC seems to act consistently to give advantage to political office holders over the interests of poor Nigerians. The RMAFC, in the exercise of its constitutional and statutory mandates ought to balance the interests of the marginalised and vulnerable sectors of the population against the ‘interests’ of political office holders.

“The RMAFC ought to prioritise cutting the excessive amounts yearly budgeted as allowances for political office holders and life pensions for former presidents, vice-presidents, governors and their deputies, and lawmakers.

“The idea of representative democracy, fairness and equality and non-discrimination would mean little if the salaries of political office holders are arbitrarily increased while millions of poor Nigerians continue to pass through harrowing times and watch their standards of living plummet.

“The grim condition of many Nigerians is worsened by the deterioration of public services where access to pipe-borne water and affordable health-care remains a dream and the supply of electricity is epileptic and unreliable in an era in which globalisation has made such services ubiquitous and cheap.

“The RMAFC Chairman Mohammed Bello on 18 August 2025 reportedly stated the commission’s decision to propose a pay rise for the president, vice-president, governors and their deputies, and lawmakers in Nigeria on the seriously flawed ground that the salaries for these office-holders are ‘paltry.’

“The commission claimed that the ‘review package’ ‘remain fair, realistic, and sustainable,’ and ‘align with the country`s current socio-economic realities.’

“According to him, the allocation formula was last overhauled in 1992, saying that there had been several executive adjustments since 2002, but a full-scale overhaul had not been undertaken until now.

“Justice Chuka Austine Obiozor of the Federal High Court Lagos ordered the RMAFC to review downward and fix the salaries, remuneration or allowances of members of the National Assembly to reflect the economic realities in the country.

“The judgment dated 4 June 2021 followed the consolidated suits brought by Mr Monday Ubani, Mr John Nwokwu, more than 1,500 concerned Nigerians, SERAP, BudgIT and Enough is Enough Nigeria (EiE).

“Under sections 154(1) and 156(3) and paragraph 31, Part I of the Third Schedule to the Nigerian Constitution, members of the Commission are appointed by the President subject to the confirmation of the Senate.”

No date has been fixed for the hearing of the suit.

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