Dr. Ngozi Okonjo-Iweala and Chief Olufemi Adeniji, ex-ministers of Finance and Interior respectively, got a life of its own as the Court of Appeal yesterday ordered both of them to return over N206 million to the nation’s treasury being salaries they collected in Dollars as Ministers.

In a unanimous judgment, five justices held that the case instituted by Lagos-based lawyer and human rights activist, Chief Gani Fawehinmi, before it was more than compelling to make it invoke its powers to grant the reliefs sought by the plaintiff.

Fawehinmi had dragged former President Olusegun Obasanjo, the two ministers, RMAFC and the Attorney General of the Federation to court where he contended that the payment of salaries in US dollars to the ministers was illegal and unconstitutional.

Paul Nwabuikwu, a spokesman for Okonjo-Iweala, said the salaries had not come from federal government coffers but from a Diaspora fund designed to encourage professionals abroad to return home. The fund pools government and donor money, he said.

"Even if you take the judgement at face value, to whom should they pay the money back?" asked Nwabuikwu.

Fawehinmi’s suit said Okonjo-Iweala was paid $247,000 per year while Adeniji received $120,000 per year. Official figures were not available and Adeniji could not be contacted.

The act stipulates that ministers should be paid N795,000 per year, although they receive allowances and benefits in kind that are worth many times that amount.

Okonjo-Iweala had commented publicly on her salary in the past, saying she wanted it to be clear to everyone that she was earning enough legitimately to maintain her family’s standard of living without being suspected of corruption.

Nigeria is one of the world’s most corrupt nations, according to Transparency International, and it is common for government officials to adopt ostentatious lifestyles that do not correspond to their salaries.

Fawehinmi’s suit contained no allegation of corruption against Okonjo-Iweala or Adeniji.

As finance minister, Okonjo-Iweala brought macro-economic stability to Nigeria after years of chaos. She introduced budget discipline, windfall oil revenue savings and a raft of other policies that won support from the International Monetary Fund.

Her policies and her presence in government were one of the main factors that persuaded rich creditor nations to write off $18 billion of Nigerian sovereign debt in a landmark deal.

While delivering the lead judgement, Justice Abdul Aboki ordered, "The 3rd and 4th defendants (Iweala and Adeniyi) are compelled to refund to the Federal Government of any amount in excess of the prescribed salary in Certain Political Public and Judicial Office Holders (salaries and Allowances, etc) Act No. 6 of 2007."

The chief initiator of the jumbo dollar salaries, Chief Olusegun Obasanjo, was not spared as Justice Aboki described his endorsement of the action as "a gross abuse of power while in office."

The judge said, "That the authorisation by the 1st Defendant (President Obasanjo then) of the salaries being paid to the 3rd and 4th Defendants in violation of certain political, public and judicial office holders (Salaries and allowances, etc) Act No. 6 of 2002 amounts to an abuse of power which is contrary to section 15(5) and section 15(3) of the constitution of the Federal Republic of Nigeria."

Dr. Okonjo-Iweala and Chief Adeniyi earned about $247,000 (N36 million) annually as salaries while in office.

Dr. Okonjo-Iweala alone had received over N144 million as salary from 2003 to 2006 when she was in office.

Claiming the powers of the Court of Appeal to upturn such misdemeanour in the country, Justice Aboki said, "I am of the opinion that this is a proper case where this court will invoke its power under Section 16 of the Court of Appeal Act and grant the reliefs sought by the plaintiff/appellant in his originating summons."

Justice Aboki further declared: "That the yearly salary of $247,000 (about 36 million) being paid to the 3rd Defendant, Dr. (Mrs.) Ngozi Okonjo-Iweala, the federal minister of finance, is a flagrant violation of Certain Political, Public and Judicial Office Holders (Salaries and Allowances, etc) Act No. 6 of 2006, which prescribes a yearly salary of N794,085.00 for every minister of the Federal Republic of Nigeria.

"That the yearly salary of $120,000 (about N17 million) being paid to the 4th Defendant, Ambassador Olufemi Adeniji, federal minister of interior, is a flagrant violation of Certain Political, Public and Judicial Office Holders (Salaries and Allowances, etc) Act No. 6 of 2002, which prescribes a yearly salary of N794,085.00 for every minister of the Federal Republic of Nigeria."

Justice Aboki further warned that no public officer under the said Act which worked out in 2002, but which is deemed to have come into force on May 29, 1999, is entitled to receive his or her salary in any other currency other than the naira.

The plaintiff, Chief Fawehinmi, had lost out at the Federal High Court, Abuja, where he first filed the suit. Justice Anwuchi Chikere had ruled that Fawehinmi lacked locus standi and therefore struck out the matter.

Dissatisfied with Justice Chikere’s judgement, the radical lawyer headed for the Court of Appeal where he got victory yesterday.