Scio-Economic Rights and Accountability Project (SERAP) has sent a
\nFreedom of Information Act request to the Chairman and Deputy Chairman
\nof the Governors’ Forum, Ekiti state governor Dr Kayode Fayemi and
\nSokoto state governor Aminu Tambuwal, and other 34 governors urging them
\nto use their “leadership position to urgently disclose details of
\npayment of pensions to former governors and other ex-officials between
\n1999 and 2019 under your state’s pension law, and to provide a copy of
\nthe said pension law.”<\/p>\n
The organization is also urging each of the 36 state governors to
\n“provide information on whether any such pension law exists in your
\nstate, and if so, to provide the names and number of ex-governors and
\nother ex-officials receiving pensions in your state, and to publicly
\ncommit to repealing the law, and to pursue recovery of funds collected
\nunder the pension law.”<\/p>\n
In the letter dated 9 December, 2019 and signed by SERAP deputy director
\nKolawole Oluwadare, the organization said: “Public officials should not
\nencourage, sustain, or implement jumbo pension laws that show an
\nappearance of conflict of interest, impropriety or create situation of
\npersonal enrichment. The pension law negates the duty to act honestly
\nand to represent the needs and concerns of the people, and to refrain
\nfrom activities, which interfere with the proper discharge of public
\nfunctions.”<\/p>\n
SERAP also said: “Any such pension law also represents the use of public
\noffice to advance private interests at the expense of some public
\ninterest, suggests the misuse of legitimate discretion for improper
\nreasons, and has created a more cynical public view of politics and
\npoliticians.”<\/p>\n
According to the organization, “Those who manage the resources of the
\nstate ought to protect the interest of the people in their states.
\nPublic officials while entrusted with duties and discretions are not to
\nact in their own best interest, but to discharge those duties and
\nexercise those powers in the interests of the public.”<\/p>\n
SERAP’s FoI request read in part: “Repealing any such pension law would
\ndemonstrate your commitment to public service and the requirements of
\nthe Constitution of Nigeria 1999 (as amended). It would show that you
\nwould not tolerate the use of public office in a manner which ignores
\nthe public interest in order to achieve personal advantage.”<\/p>\n
“We would be grateful if the requested information is provided to us
\nwithin 7 days of the receipt and\/or publication of this letter. If we
\nhave not heard from you by then, the Registered Trustees of SERAP shall
\ntake all appropriate legal actions under the FoI Act to compel you to
\ncomply with our request.”<\/p>\n
“Pension law for former governors and other senior ex-officials
\nrepresents a conflict with the constitutional and legal conflict code of
\nconduct for public officials, and would seem to prioritise private
\ninterest of former state officials over and above the public interest
\nand public duties of state governors.”<\/p>\n
“The duties on public officials including governors flowing from their
\nposition as trustees to the public also include the duty to refrain from
\nactivities which interfere with the proper discharge of their functions,
\nand the duty not to place themselves in a position where public duty
\nconflicts with private interest.”<\/p>\n
SERAP’s request is coming on the heels of the landmark judgment
\ndelivered last week by Justice Oluremi Oguntoyinbo of the Federal High
\nCourt, Lagos ordering the Attorney General of the Federation and
\nMinister of Justice Mr. Abubakar Malami, SAN to challenge the legality
\nof states’ pension laws permitting former governors and other ex-public
\nofficials to collect such pensions.<\/p>\n
The judgment followed the invalidated pension law for former governors
\nand other ex-public officers in Zamfara State, which provided for the
\nupkeep of ex-governors to the tune of N700 million annually. The state
\nhas produced three former governors since 1999.<\/p>\n
SERAP’s FoI request further read: “This request is consistent with your
\nconstitutional, fiduciary and public service roles, and the spirit of
\nthe landmark judgment delivered last week by Justice Oluremi Oguntoyinbo
\nof the Federal High Court, Lagos in the suit brought by SERAP.”<\/p>\n
“By Section 1 (1) of the Freedom of Information (FOI) Act 2011, SERAP is
\nentitled as of right to request for or gain access to information,
\nincluding information on any life pension law for former governors and
\nother senior ex-officials in your states and the details of payments to
\nsuch officials over the years.”<\/p>\n
“By Section 4 (a) of the FoI Act, when a person makes a request for
\ninformation from a public official, institution or agency, the public
\nofficial, institution or urgency to whom the application is directed is
\nunder a binding legal obligation to provide the applicant with the
\ninformation requested for, except as otherwise provided by the Act,
\nwithin 7 days after the application is received.”<\/p>\n
“By Sections 2(3)(d)(V) & (4) of the FoI Act, there is a binding legal
\nduty to ensure that documents containing information relating to any
\nlife pension law for former governors and other senior ex-officials in
\nyour states and the details of payments to such officials over the years
\nare widely disseminated and made readily available to members of the
\npublic through various means.”<\/p>\n
“The information being requested does not come within the purview of the
\ntypes of information exempted from disclosure by the provisions of the
\nFoI Act. The information requested for as indicated above, apart from
\nnot being exempted from disclosure under the FoI Act, bothers on an
\nissue of national interest, public concern, interest of human rights,
\nsocial justice, good governance, transparency and accountability.”<\/p>\n
Scio-Economic Rights and Accountability Project (SERAP) has sent a Freedom of Information Act request to the Chairman and Deputy Chairman of the Governors’ Forum, Ekiti state governor Dr Kayode Fayemi…<\/p>\n","protected":false},"author":1,"featured_media":56720,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[17],"tags":[],"class_list":["post-70783","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-exclusive"],"yoast_head":"\n