Pension Reforms Law: The People’s Views

President Goodluck Jonathan, last Tuesday,
signed the Pension Reforms Bill 2014 into Law. The new law which prescribes 10-years jail term for anybody that embezzles pensions fund, is also designed to punish offenders with a view to serving as a deterrent to those who may want to mis-manage or divert pension fund assets.
How far can this law go in solving the age long problem of embezzlement of retirees money in the country? Our chief correspondent, Calista Ezeaku, put this question to some Port Harcourt residents. Prince Dele Obinna, captured the respondents.

Chief Jude Nwoka – Lecturer
Over time, our problem in this country has been our legal and regulatory frame work. There had been a lot of reforms like pension bills, corporate affairs commission and many others aimed at regulating, the activities of orgainsations. But the issue is, has there been adequate, sufficient, enabling laws to make the operators in the public service be accountable and transparent in the management of the pension fund? Now the question is, what is ICPC doing? What are all the institutions that are supposed to be guiding the activities of organisations, doing? How many persons have you heard that ICPC has jailed in this country? What of EFCC, SON and others?
What I’m saying in essence is that the Pension Reforms Bill 2014 which was signed into law by the President a couple of days ago is Okey, but implementation of this bill is the problem. We have weak, inadequate, inefficient mechanisms to monitor the compliance to these laws in all spheres of Nigerians economy. Look at what the former governor of Central Bank, Sanusi did. It’s not as if Sanusi is the best person, but he was determined to make sure that all those executive officers of the banks that were involved in that lack of corporate governance were punished and disciplined. Today, Nigeria banking industry has elements of credence and credibility. There is element of transparency.
Talking about 10-year jail term for anybody that embezzles pension fund, I don’t think that is the issue. A dubious person can say let me embezzle N10bn, go to jail and after 10 years I will come out and enjoy the money. One politician may as well be in power tomorrow and say “okay, he has to be released or granted pardon”. So there should be a distinction between politics and governance. It is not the jail term that is the issue, the issue is how morally oriented are we? Late Prof Dora Akunyili was talking about rebranding, changing the moral consciousness of Nigerians. So the issue is what is the level of our moral standard?
So the Reforms Bill is now a law but how many persons are likely to be jailed because of political patronage? Of course you know how corruption cases are being swept under the carpet in Nigeria. So, what we are saying is, how do we get morally re-orientated? How do we make sure that there is full compliance to the law? ICPC, EFCC and other agencies responsible for law enforcement should be up and doing.

Mr. Samuel Owhonda – Retired Civil Servant
The law is good but we need prayers to help us do things properly in this country. The people in positions of authority today need to remember that one day, they will retire as I have retired now. That’s why I like what President Goodluck Jonathan is doing, carrying out reforms that will make life more meaningful for retirees. I have received my retirement benefits. Government never owed me one naira. Retirees need their pension to take care of themselves and it should not be tempered with by anybody. The 10-year jail term for embezzlement of pensions fund is enough. We don’t talk about killing somebody, if not all the people involved in that are supposed to die. You have put in your whole life in service and you retire and somebody is punishing you forgetting he will retire from service one day. All of us will retire. Don’t punish people. Give them what belongs to them. Anybody that retires is on his way to the grave, so make them happy by giving them what is due them. The monthly pensions scheme is just to give them sense of belonging. It is their right which terminates when they die. So retirees in Nigeria should be provided with adequate welfare scheme to enable them enjoy like retirees in other counties.

Hon (Mrs) Chioma Amadi-Oparaeli – Public Servant
I think the law is okey because the pensioners case in Nigeria is becoming very critical. People in the offices who claim to be incharge, will sign off the pensioners money, travel aboard, build houses, buy cars and all sorts of things, forgetting the people that have worked for this money. They worked for it, they are entitled to it, so they should be given their due payment. Some of these retirees are so old, and people embezzle their money without even having pity on them. Sometimes they are owed for six, seven months. So the 10-years jail term is okey but I wish it was even more than that so that when you think of the punishment for whatever evil you want to do, you will have a rethink.
But I think that for this law to achieve its aim, our judiciary needs to be strengthened because if the judiciary is strong enough, they will be able to prosecute offenders without fear or favour. Secondly, this law should not be ridicule by giving the offenders laughable amounts to pay as options. For instance, when someone embezzles billions of naira and he was given a fine of N1m, when you know that person can pay it without blinking his eyes. He pays the fine option and is set free to enjoin his looth. So the judiciary should work seriously on that if not the embezzlement will not stop and we will keep causing the death of so many retirees. These people have contributed to the development of this country for Christ sake and I am saying that they should be given their pension as at when due. Immediately one reitrees he should be paid. Their gratuities and pensions should not be delayed. A situation where someone retirees and for three years he has not received even a kobo is very very unfair.

Mr. Igwe – Businessman
I think 10 years jail term is not enough. If you embezzle a huge sum of money and goes to jail for 10 years, well by the time you come out from prison and the money is still somewhere in a bank or with a friend, you continue your life, then somebody will follow the suit and do the same. So the penalty should be life in jail. Recall the case of the police pensions boss who embezzled pensions fund of over N20b and he was given two years jail term. Can you imagine that? That is not encouraging. The level of corruption in this country is too high. I don’t know where we are heading to honestly.
Somehow, the law will help in the fight against corruption particularly in the area of embezzlement of the retirees fund. For those who have conscience, if you remember the law, and the punishment therein, you will not want your name to be messed up. The area I’m kicking against is the 10-years jail punishment. If it can be made life jail then they will hands off completely, because you can see the politicians, they will engage the bad boys to win elections and after the election they will dump the boys and those boys will come back to the streets. Look at arms all over the places. Nobody is save in Nigeria. There is corruption everywhere.
And most of the people in government, those retirees are their parents. So we need a special welfare package for these weak ones. They should be given free medical attention and so on, so that they will pray for us. Some of these pensioners curse the younger generation due to the ill treatment meted on them by the society. But if they are happy, all that will come out from them is blessings for the younger ones.

Mr. John Ugwu – Businessman
Actually, the law is fine because in Nigeria today, the problem we have is just embezzlement, stealing of Nigerian fund. If the jail term had been higher than 10 years, it would have been better because somebody can embezzle billions of naira and go to jail for 10 years, after that, he comes out to enjoy the money with his people. So the penalty should be stiffer, according to how much was stolen. If you steal huge amount, they should give you a stiffer punishment.
This should apply not only to the pensions fund, but every aspect of life in Nigeria, schools board, local government etc. Any time a person is caught stealing Nigerian’s money, the person should go in for it. The law enforcement agencies should rise up and do their work. We have good laws in this country, but the enforcement has always been the problem. If we don’t begin the adequate punish offenders to serve as deterrent to others, this country will not move forward.