Lawyers demand Nigerian senators refund 78% of salaries over poor performance

Legislative lawyers under the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP) have initiated legal action to compel Nigerian senators to refund a portion of their salaries and allowances received since 2023, citing alleged poor performance.

The group is also demanding that 40 senators repay the full amount of salaries and allowances collected during the period for simultaneously holding membership in the Nigerian Senate and the ECOWAS and Pan-African Parliaments, which they claim violates Nigerian law.

ALDRAP has submitted a pre-action notice to the Senate through Senate President Godswill Akpabio, marking the first step in the process before the Federal Competition and Consumer Protection Tribunal. The notice, dated May 26, 2025, demands the refund of 78% of total salaries and allowances paid to each of the 109 senators from May 2023 to May 2025, based on the assertion that the senators have only performed 12% of their expected duties.

The notice also demands full refunds from the 40 senators who allegedly abandoned their national legislative duties to serve concurrently in ECOWAS and Pan-African legislative bodies, a violation of Section 68 of Nigeria’s 1999 Constitution.

The letter states, “Refund to the Accountant-General of the Federation 78% of the total salaries and allowances collected by each of the 109 senators … from May 2023 till date (computed at N15,000,000 per month per Senator). All salaries and allowances collected by the 40 senators who are members of the ECOWAS Parliament and the Pan-African Parliament, respectively …”

Failure to comply within seven days will prompt ALDRAP to commence formal legal proceedings.

An affidavit supporting the suit, filed on May 27, 2025, by ALDRAP’s Administrative Secretary, Jesse Amuga Williams, explains that the suit is in the public interest under relevant constitutional and legislative acts. It highlights the senators’ statutory duties under the Nigerian Constitution, which include lawmaking, oversight, and representation.

The affidavit references an expert report by Dr. Tonye Clinton Jaja, who noted several legislative failures of the 10th Senate, such as the rapid passage of executive bills without proper public hearings, non-compliance with constitutional procedures in passing certain laws, and a disproportionate focus on executive-sponsored bills over private member bills or pressing national issues like security and agriculture.

It also points out inconsistent application of legislative power, citing the Senate’s aggressive actions against Senator Natasha Akpoti-Uduaghan while showing docility toward the Executive branch, which contravenes the principle of separation of powers.

Further, the affidavit details that several senators concurrently hold seats in the ECOWAS and Pan-African Parliaments while collecting full salaries and allowances from Nigeria’s National Assembly, an act deemed unconstitutional.

ALDRAP urges the court to compel an investigation, enforce refund orders, and disqualify ineligible legislators to restore legislative accountability and integrity.

An October 2024 report by the independent parliamentary watchdog OrderPaper revealed that over half of the Bills sponsored in the Senate between June 2023 and May 2024 were recycled from previous assemblies. Only a small fraction of Bills introduced were passed, with few addressing critical sectors such as agriculture and security.

The report showed that in the first year of the 10th Senate, 464 Bills were introduced but only 19 passed, and in the second year, 341 Bills were introduced with just seven passed. In the House of Representatives, out of 1,727 Bills filed by December 2024, only 114 were passed.

The legislative lawyers maintain that the current situation amounts to unjust enrichment and neglect of statutory duties, and demand appropriate legal redress to protect public interest.