News
SERAP, Pensioners Drag Buhari To ECOWAS Court
The Socio-Economic Rights and Accountability Project (SERAP) and several pensioners’ associations have asked the ECOWAS Court of Justice in Abuja to order the Federal Government led by President Muhammadu Buhari to deduct the pensions, salaries and gratuities of pensioners and workers across several states of Nigeria from the statutory allocations of the indebted state governments.
They also want President Muhammadu Buhari to order the payment of same directly to the pensioners and workers on a-monthly basis.
In the suit marked number ECW/CCJ/APP/39/2017, the plaintiffs are suing over violations of the human rights of workers and pensioners to equality and equal treatment.
They want immediate payment of all outstanding pensions, salaries and gratuities through deductions from statutory allocations of the indebted state governments, and payment of adequate monetary compensation of N50 million to each of the pensioners and workers.
Other plaintiffs joining SERAP in the suit are First Bank of Nigeria Pensioners (Lagos); Mrs Comfort C. Owoha, Joseph Agabi; Osemwenkha G.O and Mrs J.E. Enabunlele. The plaintiffs are suing for themselves and on behalf of their members and other workers and pensioners across the country whose salaries and pensions have not been paid by the states and Federal Government for several months.
In the suit filed on their behalf by Solicitor to SERAP, Femi Falana, the plaintiffs argued that the retirement system in Nigeria violated the right to equal protection of the law and dignity since senior public officials continue to receive “privileged pensions”, salaries and gratuities while the 2nd—7th plaintiffs, their members and several other Nigerian pensioners and workers continue to be denied their entitlements, salaries and gratuities.
They also argued that, “Under international law, Nigeria cannot invoke the provisions of its internal laws or the nature of its federation as justification for its failure to perform a treaty obligation. A fundamental rule of the law of State responsibility is that a State cannot escape its responsibility on the international plane by referring to its domestic legal situation.”
The suit read in part: “Ultimately, the Federal Government cannot escape its responsibility to achieve the effective realization of the rights of Nigerian workers and pensioners to timely and regular payment of salaries, entitlements and gratuities, as it retains ultimate responsibility to ensure the rights of workers and pensioners are fully realized.”
“Workers and pensioners in several states in Nigeria have been victims of violations of civil and political rights and even more severely, of economic, social, and cultural rights. The 2nd-7th plaintiffs and their members and other Nigerian pensioners and workers have experienced extreme poverty, discrimination, social exclusion, stigmatization, and deprivation of protections and entitlements on an ongoing basis due primarily to the failure and/or negligence of the Federal Government to ensure that several states of Nigeria pay accrued pensions, salaries and gratuities.
“By granting the reliefs sought, the ECOWAS Court would be recognizing and reiterating the need for the government and its federating units to protect the rights and interests of the vulnerable, disadvantaged, and marginalized groups.
“Despite their obligations to protecting the human rights of vulnerable, disadvantaged and marginalized individuals and groups, the government has failed to prevent the systematic violation by several states of the federation of a wide range of human rights as a result of the continuing failure and/or negligence to ensure that the states timely and regularly pay workers’ salaries and pensioners’ entitlements and gratuities.
“The government has failed and/or neglected to ensure the timely payment of over 42 months of outstanding pensions and gratuities in Edo State of Nigeria despite Edo State receiving funds in the form of over N29 billion Paris Club refunds between November 2016 and July 2017 from the government.
“The government has since 2013 failed and/or neglected to ensure payment of accrued pensions and gratuities to about 4000 members of the Association of Retired Local Government Staff and Primary School Teachers in Delta State across 25 Local Government Councils of the State, leaving the pensioners to live in extreme poverty.
“Mrs Comfort C. Owoha served for 35 years as staff of the Sokoto State Primary School Board. But payment of her pensions expected to commence in 2001 after verification was inexplicably stopped by the Sokoto State Government.
“The government has failed to exercise due diligence, leading to the refusal and failure of the First Bank of Nigeria PLC to pay its pensioners accrued entitlements and gratuities and when pensions and gratuities are paid the Bank pay as low as N11,000, 13,000 as pensions despite the enormous amount in the Banks’s pension fund.
“The government has since December 2014 failed and/or neglected to ensure that Osun State of Nigeria remits monthly pensions deducted from the contributory pensioners. The government has also failed and/or neglected to ensure regular and timely payment of pensions and gratuities in Osun State, and that contributory pensioners have not been paid since January 2015.
“The government has failed and/or neglected to pay members of the Federal Civil Service Pensioners Association of Nigeria accrued pensions. The government continues to engage the Nigeria Union of Pensioners while deliberately sidelining the Federal Civil Service Pensioners Association of Nigeria and its members. The government is failing and/or refusing to ensure payment by several states of Nigeria of workers’ salaries and pensioners’ entitlements, amounting to billions of Naira in arrears.
“International human rights treaties to which Nigeria is a state party impose obligations on the government to ensure that economic difficulties and times of severe resource constraints cannot be used to undermine the enjoyment of the human rights of workers and pensioners in Nigeria, and disproportionately hurt them.
“The right to timely and regular payment of pensions and salaries is essential, particularly when a person does not have the necessary property available, or is not able to secure an adequate standard of living through old age or economic and social factors.
“According to the Nigeria Union of Local Government Employees (NULGE), 23 states of the federation currently owed workers arrears of salaries ranging from one to 24 months. NULGE gave the breakdown of states as follows: Bayelsa State: 10 to 16 months; Kogi State: between seven to 15 months; Delta State: eight to 14 months; Kaduna State:12 months; Oyo State: three to 11 months; and Edo State: 10 months.
“Others are Abia State: five to nine months; Kwara State: two to nine months; Benue State: nine months; Nasarawa State: seven months; Ondo, Ekiti, Imo States: six months; while Zamfara State has not implemented minimum wage. Adamawa, Rivers, Akwa Ibom, Ebonyi, Plateau States are owing four months; Taraba and Federal Capital Territory: three months while Osun state has been paying half salaries for 24 months; and staff are owed few months in Enugu State.”
“A declaration that the continuing failure and/or negligence of the Defendant to promote and ensure timely and regular payment by several states of Nigeria of pensioners’ entitlements and workers’ salaries and gratuities cannot be justified under any circumstances.
“A declaration that the failure and/or negligence of the Defendant to provide an environment necessary for securing and promoting the enjoyment of the human rights of pensioners and workers at the federal level and in several states of Nigeria to equality and equal treatment; equal protection of the law and non-discrimination; to dignity and independence; is unlawful.
“A declaration that the failure of the Defendant to promote and ensure an effective remedy and reparation for pensioners and workers who have continued to suffer due to the non-payment of pensions, salaries and gratuities by several states of Nigeria is unlawful.
“A declaration that the refusal of the Defendant to ensure the payment of pensions, salaries, and gratuities of the Plaintiffs is illegal and unlawful.
“An order directing the Defendant to respect, protect, promote, and fulfil the human rights of pensioners and workers to timely and regular payment of pensions, salaries and gratuities and therefore, to equality and equal treatment; equal protection of the law and non-discrimination; to dignity and independence; to the respect of the dignity inherent in a human being; to adequate standard of living and well-being; to property; to work; to family life; and to economic and social development.
“An order directing the Defendant and/or its agents to provide effective remedies and reparation, including adequate compensation, restitution, satisfaction or guarantees of non-repetition that the Honourable Court may deem fit to grant to pensioners and workers that have continued to suffer due to the failure and/or refusal by the Defendant to promote and ensure payment by several states of Nigeria of pensioners’ entitlements and workers’ salaries and gratuities.”
The Federal Government has unveiled plans to embark on a 460km superhighway project that would cut travel hours from Lagos to Abuja from about 14 hours to four-and-a-half hours and the Lagos-Port Harcourt Coastal Highway.
While the Abuja-Lagos Superhighway project was awarded to Advanced Engineering Consultants (AEC), the Lagos-Port Harcourt Coastal Highway was given to Hitech Construction Company Limited.
According to the Minister of Works, Engr. Dave Umahi, who addressed a press conference at Eko Signature Suites in Lagos on Saturday, September 23, the road would be built with concrete, not asphalt, and the construction through a Public Private Partnership (PPP) would be on a Build Operate and Transfer (BoT) arrangement with a consortium led by Advanced Engineering Consultants (AEC) under the chairmanship of Chief Kenny Martins.
Umahi announced that the highway running from Abuja through eight states to kiss the Fourth Mainland Bridge in Lagos will be completed in four years.
He said, “The President has approved that I should FastTrack this project.”
The minister said that at completion, an average vehicle traveling at 100km/hr could get to Lagos from Abuja in four and half hours.
“This is a journey that is more than 14 hours presently, so people found it hard to believe when this idea was introduced, but that is the Renewed Hope agenda of our divine President Bola Ahmed Tinubu. That is what God has brought him to do. He is the last hope for Nigeria, no matter what people say… Things that couldn’t have been done are being done under this administration… Nobody can fix Nigeria like Tinubu.
“This project is going to be two lanes, but the two lanes will be two carriageways – 14 meters; the only carriageway that is equivalent to this is the Third Mainland Bridge where each carriageway is 14 meters. It’s going to be built on 275-millimeter thick concrete… The lifespan will be 100 years. Bridges will be built and there will be tolling points.”
Umahi, who was accompanied by top officials from the Federal Ministry of Works and contractors, said, “We are here to FastTrack the development of the Greenfield of the PPP development under a new program of the Federal Ministry of Works which is the HDMI Programme (Highway Development and Management Initiative).
“Under this programme, there are two kinds, we have the Greenfield, and we have the Brown Field. The Greenfield is the one we are doing with the Advanced Engineering Company. They identified the project; they came up to discuss it with us; we threw the idea to the market; we invited investors; they made proposals… They won the bid to further engage us.”
The superhighway will pass through the FCT, Niger, Kogi, Kwara, Ekiti, Oyo, Ogun, and Lagos – Abuja, North-Central, and South-West.
Umahi said that the government would not put money into the project but would give the bid winners every support.
He commended the promoters of AEC, who he described as brilliant people.
“I’m very satisfied with their concept and what they have put in place. The next stage is to bring their business proposal so that we can negotiate on what the cost of the project will be. And then, they’ll go to the Ministry of Finance to negotiate the cost.
“We are building on concrete, so we can predict the cost; with asphalt, you cannot predict the cost. The cost of asphalt roads changes every month. Today, the dollar is almost a thousand naira. The oil price is almost $100 per barrel.
“Concrete roads are more durable and cheaper than asphalt. I’ve directed that the remaining jobs on all the ongoing projects that have not advanced up to 80percent must change to concrete.”
The minister also spoke on failed roads across the country putting the blame on civil servants.
He warned that any controller that allowed trucks to fall on the road under his supervision would go on indefinite suspension, and the director in that region would be recalled.
He said, “Hold civil servants responsible for failure of road projects. Civil servants in other parts of the country apart from Lagos stay in the office and issue certificates to contractors.
“I’ve inspected roads in South-West and South-East. I spent 14 hours traveling from Abuja to Benin. I had pains, and I was so happy having the pains because Nigerians are going through the pains on a daily basis.”
Umahi also blamed the failed road projects across the country on lack of supervision; “contractors took money and didn’t do the work. They constructed failed roads. Roads that could not stand three years. They could not even maintain the roads. Trucks are falling. Travelers pass through communities. People are being kidnapped. I went to Warri. I went to Bayelsa, the story is the same.
“In every contract, there’s provision to maintain the roads. If a contractor is greedy to take a project of 150km that should go to three contractors, he should be prepared to maintain it. I’ve created a platform where I have all the contractors and the directors inside. Everybody is back to work. It’s the directive of Mr. President. He said that he must not see vehicles falling on highways again. I will get whoever flouts the directive out of the way.
“I have just informed Mr President that in 30 days if no urgent attention is given to the road, nobody will pass from Bayelsa or Port Harcourt to Warri. And that is very dangerous. So, he directed that I should go and inspect the roads and bring comprehensive information on what should be done immediately.
“He is a man who listens. He’s in a hurry to solve people’s problems in this country. He’s very much in a hurry to change the story. From Bayelsa, I went to Port Harcourt, to Akwa Ibom, to Cross River, and from there I flew to Enugu yesterday evening by 6 o’clock to discuss this road matter with the governor of Enugu State.
“I’m also to reinspect the Third Mainland Bridge and start work on it immediately, and then discuss with the Ogun State governor on the HDMI.”
Fielding questions from reporters on challenges that PPP projects have been facing in Nigeria, Umahi said that things would be different this time.
“We will tie ourselves very well with irrevocable agreement. On the issue of Right of Way, they own the entire land until they recover the money invested. If the Federal Government reneges, they have to pluck their investment directly from the Federation Account.
“If the investment must work, it must not be subjected to political dynamism. It has to be a business venture. That’s why I like President Bola Tinubu. He inherited 18,000 km of roads, and 2,640 projects; there are still constituency projects that are over another 2,000 in number. So, you have over 64,664 Federal Government projects that are ongoing.
“He has not stopped any contractor. He wants to complete all those things. Certain leaders will say we want to do our own, that is gross irresponsibility.
“They (bid winners) are going to give me a letter of comfort; if they back out, they must pay us $10million. My coming here is at a cost, and nobody should waste our time.”
In his response, Chief Kenny Martins assured that the road would be the first of its kind with communication cyber cable, rail lines, and coastal areas.
“The road will be ICT complaint so that electronic vehicles can operate on the road; there will be all kinds of security and there will be solar lights, the whole 460kilometres of the road,” he said.
The minister also mentioned that the Federal Government is working to actualise another project, the Lagos-Port Harcourt Coastal Highway.
He said that Hitech Construction would fund the project under the PPP model.
Hitech is a division of the Chagoury Group, a business conglomerate in Lagos that oversaw the construction of the Lekki-Epe expressway and the Ajah flyover.
Umahi added that upon completion, the highway would have multiple spurs connecting major towns and cities, including a spur connecting Ogoja-Ikom-Cameroon Road.
“There will be a spur that will connect the proposed fourth mainland bridge in Lagos,” he said.
“It is also connected to the deep seaport road being constructed by Hitech, under the concrete technology and it is also connected at Lagos-Badagry to the proposed Lagos-Abidjan superhighway.”
He said there would also be multiple connections with roads leading to the northern parts of the country.
“There is a proposal for connection to Sokoto. I think about four to five connections to northern Nigeria,” he said.
Umahi described the project as a brainchild of President Tinubu, who asked him to also “fast track this project because it is going to be a catalyst towards the economic development of this country.
“Let me announce that it is under PPP. The Hitech Group is going to look for the money. They have already found the money and that is the good news because we don’t waste our time talking and holding meetings and wasting resources,” he said.
“We are engaging seriously because we have seen the financial capacity and capability of Hitech and this project is going to be delivered in phases.
“Any section that we complete, we will toll it, and then business and transportation will start.
“The right of way of this project is about a 100-meter corridor. There is provision for a rail line in the middle of the road which is about 20 meters.
“The road has four carriageways. Each of the service lanes is 10 meters wide. The main carriageway is 14 meters.”
The Federal Government has unveiled plans to embark on a 460km superhighway project that would cut travel hours from Lagos to Abuja from about 14 hours to four-and-a-half hours and the Lagos-Port Harcourt Coastal Highway.
While the Abuja-Lagos Superhighway project was awarded to Advanced Engineering Consultants (AEC), the Lagos-Port Harcourt Coastal Highway was given to Hitech Construction Company Limited.
According to the Minister of Works, Engr. Dave Umahi, who addressed a press conference at Eko Signature Suites in Lagos on Saturday, September 23, the road would be built with concrete, not asphalt, and the construction through a Public Private Partnership (PPP) would be on a Build Operate and Transfer (BoT) arrangement with a consortium led by Advanced Engineering Consultants (AEC) under the chairmanship of Chief Kenny Martins.
Umahi announced that the highway running from Abuja through eight states to kiss the Fourth Mainland Bridge in Lagos will be completed in four years.
He said, “The President has approved that I should FastTrack this project.”
The minister said that at completion, an average vehicle traveling at 100km/hr could get to Lagos from Abuja in four and half hours.
“This is a journey that is more than 14 hours presently, so people found it hard to believe when this idea was introduced, but that is the Renewed Hope agenda of our divine President Bola Ahmed Tinubu. That is what God has brought him to do. He is the last hope for Nigeria, no matter what people say… Things that couldn’t have been done are being done under this administration… Nobody can fix Nigeria like Tinubu.
“This project is going to be two lanes, but the two lanes will be two carriageways – 14 meters; the only carriageway that is equivalent to this is the Third Mainland Bridge where each carriageway is 14 meters. It’s going to be built on 275-millimeter thick concrete… The lifespan will be 100 years. Bridges will be built and there will be tolling points.”
Umahi, who was accompanied by top officials from the Federal Ministry of Works and contractors, said, “We are here to FastTrack the development of the Greenfield of the PPP development under a new program of the Federal Ministry of Works which is the HDMI Programme (Highway Development and Management Initiative).
“Under this programme, there are two kinds, we have the Greenfield, and we have the Brown Field. The Greenfield is the one we are doing with the Advanced Engineering Company. They identified the project; they came up to discuss it with us; we threw the idea to the market; we invited investors; they made proposals… They won the bid to further engage us.”
The superhighway will pass through the FCT, Niger, Kogi, Kwara, Ekiti, Oyo, Ogun, and Lagos – Abuja, North-Central, and South-West.
Umahi said that the government would not put money into the project but would give the bid winners every support.
He commended the promoters of AEC, who he described as brilliant people.
“I’m very satisfied with their concept and what they have put in place. The next stage is to bring their business proposal so that we can negotiate on what the cost of the project will be. And then, they’ll go to the Ministry of Finance to negotiate the cost.
“We are building on concrete, so we can predict the cost; with asphalt, you cannot predict the cost. The cost of asphalt roads changes every month. Today, the dollar is almost a thousand naira. The oil price is almost $100 per barrel.
“Concrete roads are more durable and cheaper than asphalt. I’ve directed that the remaining jobs on all the ongoing projects that have not advanced up to 80percent must change to concrete.”
The minister also spoke on failed roads across the country putting the blame on civil servants.
He warned that any controller that allowed trucks to fall on the road under his supervision would go on indefinite suspension, and the director in that region would be recalled.
He said, “Hold civil servants responsible for failure of road projects. Civil servants in other parts of the country apart from Lagos stay in the office and issue certificates to contractors.
“I’ve inspected roads in South-West and South-East. I spent 14 hours traveling from Abuja to Benin. I had pains, and I was so happy having the pains because Nigerians are going through the pains on a daily basis.”
Umahi also blamed the failed road projects across the country on lack of supervision; “contractors took money and didn’t do the work. They constructed failed roads. Roads that could not stand three years. They could not even maintain the roads. Trucks are falling. Travelers pass through communities. People are being kidnapped. I went to Warri. I went to Bayelsa, the story is the same.
“In every contract, there’s provision to maintain the roads. If a contractor is greedy to take a project of 150km that should go to three contractors, he should be prepared to maintain it. I’ve created a platform where I have all the contractors and the directors inside. Everybody is back to work. It’s the directive of Mr. President. He said that he must not see vehicles falling on highways again. I will get whoever flouts the directive out of the way.
“I have just informed Mr President that in 30 days if no urgent attention is given to the road, nobody will pass from Bayelsa or Port Harcourt to Warri. And that is very dangerous. So, he directed that I should go and inspect the roads and bring comprehensive information on what should be done immediately.
“He is a man who listens. He’s in a hurry to solve people’s problems in this country. He’s very much in a hurry to change the story. From Bayelsa, I went to Port Harcourt, to Akwa Ibom, to Cross River, and from there I flew to Enugu yesterday evening by 6 o’clock to discuss this road matter with the governor of Enugu State.
“I’m also to reinspect the Third Mainland Bridge and start work on it immediately, and then discuss with the Ogun State governor on the HDMI.”
Fielding questions from reporters on challenges that PPP projects have been facing in Nigeria, Umahi said that things would be different this time.
“We will tie ourselves very well with irrevocable agreement. On the issue of Right of Way, they own the entire land until they recover the money invested. If the Federal Government reneges, they have to pluck their investment directly from the Federation Account.
“If the investment must work, it must not be subjected to political dynamism. It has to be a business venture. That’s why I like President Bola Tinubu. He inherited 18,000 km of roads, and 2,640 projects; there are still constituency projects that are over another 2,000 in number. So, you have over 64,664 Federal Government projects that are ongoing.
“He has not stopped any contractor. He wants to complete all those things. Certain leaders will say we want to do our own, that is gross irresponsibility.
“They (bid winners) are going to give me a letter of comfort; if they back out, they must pay us $10million. My coming here is at a cost, and nobody should waste our time.”
In his response, Chief Kenny Martins assured that the road would be the first of its kind with communication cyber cable, rail lines, and coastal areas.
“The road will be ICT complaint so that electronic vehicles can operate on the road; there will be all kinds of security and there will be solar lights, the whole 460kilometres of the road,” he said.
The minister also mentioned that the Federal Government is working to actualise another project, the Lagos-Port Harcourt Coastal Highway.
He said that Hitech Construction would fund the project under the PPP model.
Hitech is a division of the Chagoury Group, a business conglomerate in Lagos that oversaw the construction of the Lekki-Epe expressway and the Ajah flyover.
Umahi added that upon completion, the highway would have multiple spurs connecting major towns and cities, including a spur connecting Ogoja-Ikom-Cameroon Road.
“There will be a spur that will connect the proposed fourth mainland bridge in Lagos,” he said.
“It is also connected to the deep seaport road being constructed by Hitech, under the concrete technology and it is also connected at Lagos-Badagry to the proposed Lagos-Abidjan superhighway.”
He said there would also be multiple connections with roads leading to the northern parts of the country.
“There is a proposal for connection to Sokoto. I think about four to five connections to northern Nigeria,” he said.
Umahi described the project as a brainchild of President Tinubu, who asked him to also “fast track this project because it is going to be a catalyst towards the economic development of this country.
“Let me announce that it is under PPP. The Hitech Group is going to look for the money. They have already found the money and that is the good news because we don’t waste our time talking and holding meetings and wasting resources,” he said.
“We are engaging seriously because we have seen the financial capacity and capability of Hitech and this project is going to be delivered in phases.
“Any section that we complete, we will toll it, and then business and transportation will start.
“The right of way of this project is about a 100-meter corridor. There is provision for a rail line in the middle of the road which is about 20 meters.
“The road has four carriageways. Each of the service lanes is 10 meters wide. The main carriageway is 14 meters.”
The House of Representatives has said it would resume from its annual recess on Tuesday to continue the first legislative year of the 10th Assembly.
The Clerk of the House, Dr Yahaha Danzaria, said this in a statement in Abuja on Saturday.
The 10th Assembly proceeded on its annual recess on July 27.
This followed a plenary session during which Speaker, Hon Tajudeen Abbas, announced the leadership of the standing committees of the house.
Commenting on the resumption, the Spokesperson of the House and House Committee on Media and Public Affairs, Hon Akin Rotimi, said the 10th Assembly had been prolific.
He said since its inauguration, the house had recorded 470 bills, with all passing first reading, while four passed second reading.
He added that there had been 175 motions considered by the parliament.
He said in spite of the recess, it had continued to function, as various ad hoc committees continued to carry out their crucial mandates.
He said this had generated significant positive public interest.
Rotimi said some of the key early developments expected on resumption was the conclusion of the work of all ad-hoc committees and the submission of their reports.
He said this was for the consideration of the House in line with the directive of the speaker.
He said the house would get the final draft of its Legislative Agenda developed by the ad hoc committee, led by the Majority Leader, Hon Julius Inhonvbere.
He said it would be considered and adopted by the house, adding that the draft agenda was developed following extensive consultations with critical stakeholders.
He also said that the membership of the standing committees would be announced and fully constituted.
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