Remuneration of Federal Legislators in Nigeria: Matters Arising

Abstract

The remuneration of Federal legislators in Nigeria has, since the emergence of the fourth republic, sparked incessant public outrage which has been expressed in the form of public demonstrations and media tirades. In the face of manifest public displeasure, federal legislators have continued to receive exorbitant salaries and allowances. Section 70 of the Constitution of the Federal Republic of Nigeria empowers the Revenue Mobilisation, Allocation and Fiscal Commission (RMAFC) to determine the salaries and allowances of legislators. This body has identified some of its challenges as the negative public outcry drawn by the remuneration of federal legislators and their refusal to comply with RMAFC determinations. All these have resulted in calls for part time legislators. This paper discusses the merits and demerits of these calls, examines the legal status of RMAFC determinations and the role of civil society in stimulating the powers of the judiciary to check other arms of government. Furthermore, this paper argues that the judiciary, in exercising its power of judicial review of administrative acts and in adopting a liberal interpretation of the doctrine of locus standi can ensure that federal legislators are paid strictly in line with RMAFC determinations. The paper finds that there is an expanded view of the concept of judicial review and a liberalization of the doctrine of locus standi, allowing citizens engage in public interest litigation without having to establish locus.