The Federal High Court in Lagos has ruled that Socio-Economic Rights and
\nAccountability Project (SERAP) has \u201csufficient interest to bring its suit
\nto stop former governors and now serving senators and ministers from
\nreceiving double pay and life pensions, and to seek recovery of over N40bn
\nof public funds unduly received by these public officers.\u201d<\/p>\n
Justice Oluremi Oguntoyinbo stated this last Friday while granting leave
\nin the suit number FHC\/L\/CS\/1497\/17 filed last year by SERAP to compel the
\nAttorney-General of the Federation and Minister of Justice Mr. Abubakar
\nMalami, SAN to \u201cchallenge the legality of states\u2019 laws that allow former
\ngovernors who are now senators and ministers to enjoy governors\u2019
\nemoluments while drawing normal salaries and allowances in their new
\npolitical offices and to identify those involved and seek full recovery of
\npublic funds from them.\u201d<\/p>\n
In a considered ruling granting leave to apply for Judicial Relief,
\nJustice Oguntoyinbo held that, \u201cSERAP cannot be considered a meddlesome
\ninterloper or busybody in seeking to stop double pay and life pensions for
\nformer governors\u201d, emphasising that all that mattered was for SERAP to
\nshow \u201csufficient interest in the application for leave to apply for an
\norder of mandamus.\u201d
\nExtensively reviewing and relying on Order 34, Rules 1(1) a, 2, Rule 3 (1)
\nand (2) of the Federal High Court (Civil Procedure) Rules 2009, and
\nquoting from several Supreme Court Judgments, Justice Oguntoyinbo insisted
\nthat, \u201cthe court shall not grant leave in mandamus application unless it
\nconsiders that the applicant has sufficient interest in the matter to
\nwhich the application relates.\u201d<\/p>\n
While stating that she was \u201cmindful of the fact that in an application of
\nthis nature, the judge should not delve into the substance of the main
\nissue\u201d, she however ruled that \u201chaving reviewed the papers filed by SERAP,
\nthe court is satisfied that the organization has met the criteria set by
\nthe Rules of the Court, and as such does not consider SERAP a meddlesome
\ninterloper.\u201d<\/p>\n
Justice Oguntoyinbo\u2019s ruling followed the hearing of an argument in court
\non exparte application by SERAP counsel Timothy Adewale. The case is
\nadjourned to 22 March 2018 for the hearing of arguments on the motion on
\nnotice.
\nIt would be recalled that SERAP had on 4 October, 2017 filed the suit at
\nthe Federal High Court in Ikoyi, praying the court to compel \u201cthe
\nAttorney-General of the Federation and Minister of Justice Mr. Abubakar
\nMalami, SAN to use his position as a defender of public interest to
\ninstitute legal actions to stop former governors from enjoying emoluments
\nwhile drawing normal salaries and allowances in their positions as
\nsenators and ministers.\u201d<\/p>\n
The suit read in part: \u201cPublic function should be exercised in the public
\ninterest. Double emoluments promote private self-interest or self-dealing.
\nBy signing double emoluments laws, which they knew or ought to know that
\nthey would be beneficiaries, these former governors have abused their
\nentrusted positions, and thereby obtained an undue advantage, contrary to
\narticle 19 of the UN Convention against Corruption to which Nigeria is a
\nstate party.\u201d<\/p>\n
\u201cSenators and ministers should not be receiving salaries and pensions
\nrunning into billions of naira from states that are currently unwilling or
\nunable to pay their workers\u2019 salaries and pensioners\u2019 entitlements.
\nNational and international laws implicitly forbid public officials
\nentrusted with public resources from granting to themselves emoluments for
\nlife while serving in other public offices including as senators and
\nministers.\u201d<\/p>\n
\u201cTaking advantage of entrusted public offices and positions to enact laws
\nto grant double emoluments and large severance benefits to serving public
\nofficials amounts to not only an abuse of office but also incorrect,
\ndishonourable and improper performance of public functions, as per the
\nprovisions of paragraph 2 of article 8 of the United Nations Convention
\nAgainst Corruption.\u201d<\/p>\n
It would be recalled that following SERAP\u2019s letter to Mr Malami, Senate
\nPresident Dr Bukola Saraki last year told the News Agency of Nigeria (NAN)
\nForum in Abuja that he wrote a letter to the state government to stop the
\npayment of the pension \u201cthe moment I saw that SERAP allegation.\u201d He said,
\n\u201cNo, I\u2019m not collecting pension; the moment I saw that allegation, I wrote
\nto my state to stop my pension.\u201d<\/p>\n
So far, Dr. Kayode Fayemi Minister of Mines and Steel Development and his
\ncounterparts in the Ministry of Labour and Employment, Senator Chris
\nNgige, and Minister of Power, Works and Housing Babatunde Fashola have
\ndenied ever receiving double payments and retirement benefits as former
\ngovernors in addition to other roles in public office.<\/p>\n
SERAP\u2019s letter to Malami read in part: \u201cAccording to our information,
\nthose who reportedly receive double emoluments and large severance
\nbenefits from their states include: Rabiu Musa Kwankwaso (Kano); Kabiru
\nGaya (Kano); Godswill Akpabio (Akwa Ibom); Theodore Orji (Abia); Abdullahi
\nAdamu (Nasarawa); Sam Egwu (Ebonyi); Shaaba Lafiagi (Kwara); Joshua Dariye
\n(Plateau), and Jonah Jang (Plateau). Others include: Ahmed Sani Yarima
\n(Zamfara); Danjuma Goje (Gombe); Bukar Abba Ibrahim (Yobe); Adamu Aliero
\n(Kebbi); George Akume (Benue); and Rotimi Amaechi (Rivers).\u201d<\/p>\n
\u201cUnder the Lagos Pension Law a former governor will enjoy the following
\nbenefits for life: Two houses, one in Lagos and another in Abuja estimated
\nto cost between N500m and N700m. Others are six brand new cars every three
\nyears; furniture allowance of 300 percent of annual salary every two
\nyears, and a close to N2.5m as pension (about N30m pension annually); free
\nmedicals including for his immediate families; 10 percent house
\nmaintenance; 30 percent car maintenance; 10 percent entertainment; 20
\npercent utility; and several domestic staff.\u201d<\/p>\n
\u201cIn Rivers, state law provides 100 percent of annual basic salaries for
\nex-governor and deputy, one residential house for former governor anywhere
\nof his choice in Nigeria; one residential house anywhere in Rivers for the
\ndeputy, three cars for the ex-governor every four years; two cars for the
\ndeputy every four years; 300 percent of annual basic salary every four
\nyears for furniture; 10 percent of annual basic salary for house
\nmaintenance.\u201d<\/p>\n
\u201cIn Akwa Ibom, state law provides for N200m annual pay to ex governors,
\ndeputies; pension for life; a new official car and utility-vehicle every
\nfour years; one personal aide and provision of adequate security; a cook,
\nchauffeurs and security guards for the governor at a sum not exceeding N5m
\nper month and N2.5m for the deputy governor; free medical services for
\ngovernor and spouse totaling N100m for the governor per annum and N50m for
\nthe deputy governor; a five-bedroom mansion in Abuja and Akwa Ibom; and
\nallowance of 300 percent of annual basic salary for the deputy governor;
\n300 percent of annual basic salary every four years and severance
\ngratuity.\u201d<\/p>\n
\u201cSimilarly, the Kano State Pension Rights of Governor and Deputy Governor
\nLaw 2007 provides for 100 percent of annual basic salaries for former
\ngovernor and deputy; furnished and equipped office; a 6-bedroom house;
\nwell-furnished 4-bedroom for deputy, plus an office; free medical
\ntreatment along with immediate families within and outside Nigeria where
\nnecessary; two drivers; and a provision for a 30- day vacation within and
\noutside Nigeria.\u201d<\/p>\n
\u201cIn Gombe State, there is N300 million executive pension benefits for the
\nex-governors. In Kwara State, the 2010 law gives a former governor two
\ncars and a security car replaceable every three years; a well-furnished
\n5-bedroom duplex; 300 per cent of his salary as furniture allowance; five
\npersonal staff; three State Security Services; free medical care for the
\ngovernor and the deputy; 30 percent of salary for car maintenance; 20 per
\ncent for utility; 10 percent for entertainment; 10 per cent for house
\nmaintenance.\u201d<\/p>\n
\u201cIn Zamfara State, former governors receive pension for life; two personal
\nstaff; two vehicles replaceable every four years; two drivers, free
\nmedical for the former governors and deputies and their immediate families
\nin Nigeria or abroad; a 4-bedroom house in Zamfara and an office; free
\ntelephone and 30 days paid vacation outside Nigeria. In Sokoto State,
\nformer governors and deputy governors are to receive N200m and N180m
\nrespectively being monetization for other entitlements which include
\ndomestic aides, residence and vehicles that could be renewed after every
\nfour years.\u201d<\/p>\n
\u201cThe abolition of such laws therefore is a necessary first step towards
\ndelivering on the constitutional promise of equal protection and equal
\nbenefit of the law for a distressingly large number of Nigerians.
\nOtherwise, public officials will remain seriously out of touch with a
\nmajor source of poverty and discrimination in the country.\u201d<\/p>\n
The Federal High Court in Lagos has ruled that Socio-Economic Rights and Accountability Project (SERAP) has \u201csufficient interest to bring its suit to stop former governors and now serving senators…<\/p>\n","protected":false},"author":1,"featured_media":54691,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[17],"tags":[],"class_list":["post-60760","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-exclusive"],"yoast_head":"\n