The Federal High Court in Lagos has ruled that Socio-Economic Rights and
Accountability Project (SERAP) has “sufficient interest to bring its suit
to stop former governors and now serving senators and ministers from
receiving double pay and life pensions, and to seek recovery of over N40bn
of public funds unduly received by these public officers.”
Justice Oluremi Oguntoyinbo stated this last Friday while granting leave
in the suit number FHC/L/CS/1497/17 filed last year by SERAP to compel the
Attorney-General of the Federation and Minister of Justice Mr. Abubakar
Malami, SAN to “challenge the legality of states’ laws that allow former
governors who are now senators and ministers to enjoy governors’
emoluments while drawing normal salaries and allowances in their new
political offices and to identify those involved and seek full recovery of
public funds from them.”
In a considered ruling granting leave to apply for Judicial Relief,
Justice Oguntoyinbo held that, “SERAP cannot be considered a meddlesome
interloper or busybody in seeking to stop double pay and life pensions for
former governors”, emphasising that all that mattered was for SERAP to
show “sufficient interest in the application for leave to apply for an
order of mandamus.”
Extensively reviewing and relying on Order 34, Rules 1(1) a, 2, Rule 3 (1)
and (2) of the Federal High Court (Civil Procedure) Rules 2009, and
quoting from several Supreme Court Judgments, Justice Oguntoyinbo insisted
that, “the court shall not grant leave in mandamus application unless it
considers that the applicant has sufficient interest in the matter to
which the application relates.”
While stating that she was “mindful of the fact that in an application of
this nature, the judge should not delve into the substance of the main
issue”, she however ruled that “having reviewed the papers filed by SERAP,
the court is satisfied that the organization has met the criteria set by
the Rules of the Court, and as such does not consider SERAP a meddlesome
interloper.”
Justice Oguntoyinbo’s ruling followed the hearing of an argument in court
on exparte application by SERAP counsel Timothy Adewale. The case is
adjourned to 22 March 2018 for the hearing of arguments on the motion on
notice.
It would be recalled that SERAP had on 4 October, 2017 filed the suit at
the Federal High Court in Ikoyi, praying the court to compel “the
Attorney-General of the Federation and Minister of Justice Mr. Abubakar
Malami, SAN to use his position as a defender of public interest to
institute legal actions to stop former governors from enjoying emoluments
while drawing normal salaries and allowances in their positions as
senators and ministers.”
The suit read in part: “Public function should be exercised in the public
interest. Double emoluments promote private self-interest or self-dealing.
By signing double emoluments laws, which they knew or ought to know that
they would be beneficiaries, these former governors have abused their
entrusted positions, and thereby obtained an undue advantage, contrary to
article 19 of the UN Convention against Corruption to which Nigeria is a
state party.”
“Senators and ministers should not be receiving salaries and pensions
running into billions of naira from states that are currently unwilling or
unable to pay their workers’ salaries and pensioners’ entitlements.
National and international laws implicitly forbid public officials
entrusted with public resources from granting to themselves emoluments for
life while serving in other public offices including as senators and
ministers.”
“Taking advantage of entrusted public offices and positions to enact laws
to grant double emoluments and large severance benefits to serving public
officials amounts to not only an abuse of office but also incorrect,
dishonourable and improper performance of public functions, as per the
provisions of paragraph 2 of article 8 of the United Nations Convention
Against Corruption.”
It would be recalled that following SERAP’s letter to Mr Malami, Senate
President Dr Bukola Saraki last year told the News Agency of Nigeria (NAN)
Forum in Abuja that he wrote a letter to the state government to stop the
payment of the pension “the moment I saw that SERAP allegation.” He said,
“No, I’m not collecting pension; the moment I saw that allegation, I wrote
to my state to stop my pension.”
So far, Dr. Kayode Fayemi Minister of Mines and Steel Development and his
counterparts in the Ministry of Labour and Employment, Senator Chris
Ngige, and Minister of Power, Works and Housing Babatunde Fashola have
denied ever receiving double payments and retirement benefits as former
governors in addition to other roles in public office.
SERAP’s letter to Malami read in part: “According to our information,
those who reportedly receive double emoluments and large severance
benefits from their states include: Rabiu Musa Kwankwaso (Kano); Kabiru
Gaya (Kano); Godswill Akpabio (Akwa Ibom); Theodore Orji (Abia); Abdullahi
Adamu (Nasarawa); Sam Egwu (Ebonyi); Shaaba Lafiagi (Kwara); Joshua Dariye
(Plateau), and Jonah Jang (Plateau). Others include: Ahmed Sani Yarima
(Zamfara); Danjuma Goje (Gombe); Bukar Abba Ibrahim (Yobe); Adamu Aliero
(Kebbi); George Akume (Benue); and Rotimi Amaechi (Rivers).”
“Under the Lagos Pension Law a former governor will enjoy the following
benefits for life: Two houses, one in Lagos and another in Abuja estimated
to cost between N500m and N700m. Others are six brand new cars every three
years; furniture allowance of 300 percent of annual salary every two
years, and a close to N2.5m as pension (about N30m pension annually); free
medicals including for his immediate families; 10 percent house
maintenance; 30 percent car maintenance; 10 percent entertainment; 20
percent utility; and several domestic staff.”
“In Rivers, state law provides 100 percent of annual basic salaries for
ex-governor and deputy, one residential house for former governor anywhere
of his choice in Nigeria; one residential house anywhere in Rivers for the
deputy, three cars for the ex-governor every four years; two cars for the
deputy every four years; 300 percent of annual basic salary every four
years for furniture; 10 percent of annual basic salary for house
maintenance.”
“In Akwa Ibom, state law provides for N200m annual pay to ex governors,
deputies; pension for life; a new official car and utility-vehicle every
four years; one personal aide and provision of adequate security; a cook,
chauffeurs and security guards for the governor at a sum not exceeding N5m
per month and N2.5m for the deputy governor; free medical services for
governor and spouse totaling N100m for the governor per annum and N50m for
the deputy governor; a five-bedroom mansion in Abuja and Akwa Ibom; and
allowance of 300 percent of annual basic salary for the deputy governor;
300 percent of annual basic salary every four years and severance
gratuity.”
“Similarly, the Kano State Pension Rights of Governor and Deputy Governor
Law 2007 provides for 100 percent of annual basic salaries for former
governor and deputy; furnished and equipped office; a 6-bedroom house;
well-furnished 4-bedroom for deputy, plus an office; free medical
treatment along with immediate families within and outside Nigeria where
necessary; two drivers; and a provision for a 30- day vacation within and
outside Nigeria.”
“In Gombe State, there is N300 million executive pension benefits for the
ex-governors. In Kwara State, the 2010 law gives a former governor two
cars and a security car replaceable every three years; a well-furnished
5-bedroom duplex; 300 per cent of his salary as furniture allowance; five
personal staff; three State Security Services; free medical care for the
governor and the deputy; 30 percent of salary for car maintenance; 20 per
cent for utility; 10 percent for entertainment; 10 per cent for house
maintenance.”
“In Zamfara State, former governors receive pension for life; two personal
staff; two vehicles replaceable every four years; two drivers, free
medical for the former governors and deputies and their immediate families
in Nigeria or abroad; a 4-bedroom house in Zamfara and an office; free
telephone and 30 days paid vacation outside Nigeria. In Sokoto State,
former governors and deputy governors are to receive N200m and N180m
respectively being monetization for other entitlements which include
domestic aides, residence and vehicles that could be renewed after every
four years.”
“The abolition of such laws therefore is a necessary first step towards
delivering on the constitutional promise of equal protection and equal
benefit of the law for a distressingly large number of Nigerians.
Otherwise, public officials will remain seriously out of touch with a
major source of poverty and discrimination in the country.”