Joined as defendants in the suit are the Attorney General of the Federation, Revenue Mobilization Allocation and Fiscal Commission, RMAFC, the Senate, the House of Representative and the National Assembly Service Commission.
In an originating summons filed before the court, the two lawyers suing on their personal capacity are asking the court to determine whether by relevant sections of the 1999 constitution of the Federal Republic of Nigeria, the National Assembly members have the power to fix their salaries, wages, remuneration or allowances.
The lawyers are also asking the court to determine whether RMAFC can delegate its power to determine the salaries or remuneration of the National Assembly or political office holders and/or if such power is subject to usurpation by the National Assembly or any other body(ies).
They are praying the court to determine whether the allocation of constituency projects and funds to the tune of N200 million to members of the National Assembly is not ultra vires, illegal and unconstitutional.
Consequently , Ubani and his co-plaintiff are asking the court to amongst other things, make a declaration that RMAFC is only body responsible for determining the salaries, remuneration and/or allowances of the National Assembly or political office holders.
Besides, the two lawyers are also asking the court for perpetual injunction restraining the National Assembly whether by themselves, officers, agents, privies, servants or through any person or persons howsoever from further receiving the sum of N13.5 Million monthly allowances or running cost or whatever sum as a running cost and N200 million as annual constituency project.
They also want the court to make an order that the each member of the National Assembly should refund to the federation account the sum of N13.5 Million and N10 million respectively collected as running cost since 2015 till date within 14 days of delivery of judgment in the suit.
In an affidavit in support of the suit, sworn to by Mr. Ubani, he contended that based on relevant sections of the constitution, it is illegal for National Assembly members