Socio-Economic Rights and Accountability
Project (SERAP) has sued the Federal Government over its “failure to stop
former governors and now serving senators and ministers from receiving double
pay and life pensions, and failure to seek recovery of over N40bn of public
funds unduly received by these public officers.”
The suit number FHC/L/CS/1497/17 filed last
Friday at the Federal High Court Ikoyi followed the organization’s request to
the Attorney-General of the Federation and Minister of Justice Mr. Abubakar
Malami, SAN urging him 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 brought pursuant to Order 34, Rules
1 and 3 of the Federal High Court Rules 2009 and the inherent jurisdiction of
the court argues that “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.”
The suit is seeking the following reliefs:
AN ORDER granting leave to the Applicant to
apply for Judicial Relie and to seek an order of Mandamus directing and or
compelling the Respondent to urgently institute appropriate legal actions to
challenge the legality of states’ laws permitting 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 the former governors.
AND for such order or other orders as this
Honorable Court may deem fit to make in the circumstance.
The organization is also arguing that
“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.”
The suit read in part: “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, dishonorable and improper performance of
public functions, as per the provisions of paragraph 2 of article 8 of the United
Nations Convention Against Corruption.”
“By virtue of Sections 150 and 174 of the
1999 Constitution of the Federal Republic of Nigeria (as amended) and Section
26 (2) of the Corrupt Practices and Other Related Offenses Act 2000, the
Respondent as the Chief Law Officer of the country and the defender of public
interest is constitutionally and statutorily empowered to institute and
undertake criminal proceedings against any person in Nigeria in respect of any
offense created by or under any Act of the National
assembly in superior courts in Nigeria.”
assembly in superior courts in Nigeria.”
“The Federal Government has a responsibility
to stop former governors from receiving double pay at the expense of workers
and pensioners. This position is buttressed by article 27 of the Vienna
Convention on the Laws of Treaties, which provides that no state can justify
the noncompliance with an international treaty with reference to internal law,
including even the constitution.”
No date has been fixed for the hearing of the
suit.
It would be recalled that following SERAP’s
letter to Malami Senate President Dr Bukola Saraki told the News Agency of
Nigeria (NAN) Forum in Abuja yesterday, 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: “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 replaceable every three years;
furniture allowance of 300 percent of annual salary to be paid 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 at a rate equivalent to
the salary of the incumbent governor/deputy governor respectively; 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. Others are: free medical services for governor and spouse at an
amount not exceeding 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.”
“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).”
Source: saharareporters.com
