News
SERAP Sues FG Over Govs’ N40bn Double Pay, Life Pension Recovery
Socio-Economic Rights and Accountability Project (SERAP) has filed a contempt suit against the Federal Government and Attorney-General of the Federation and Minister of Justice, Mr Abubakar Malami (SAN), for failing to recover over N40 billion double pay and life pensions from former governors who are serving as lawmakers and ministers.
Justice Oguntoyinbo of the Federal High Court, Lagos had in November 2019 ordered the Federal Government to “recover life pensions collected by former governors serving as ministers and members of the National Assembly.”
Justice Oguntoyinbo also directed Mr Malami to “challenge the legality of states’ life pension laws permitting former governors and other ex-public officials to collect such pensions.”
However, the government of President Muhammadu Buhari has failed to implement the judgement.
Justice Oguntoyinbo who last month retired from the bench expressed regret during a valedictory court session held in her honour that the judgement has not been implemented.
She stated, “I remember with pride my landmark judgement in SERAP vs. The Attorney-General. Regrettably, that order is yet to be obeyed. I find it very disappointing that Court orders are often not obeyed. If there’s anything I wish to change, it is the impunity towards judicial decisions and the disrespect for the bench.”
SERAP last Friday moved to enforce the judgement by filing Form 48 contempt suit at the Federal High Court, Lagos.
SERAP said, “A certified true copy of the judgement of November 26, 2019, by Justice Oguntoyinbo, has long been served on Mr Malami.”
Form 48 which is the notice of consequence of disobedience of court orders reads in part: “Unless you obey the orders of the court contained on the reverse side of this process you shall be deemed to have disobeyed the orders of the court and shall be liable to committed to prison for contempt.”
In a statement dated May 7, 2023, and signed by SERAP deputy director, Kolawole Oluwadare, the organisation said, “It’s unacceptable to take the court, which is the guardian of justice in this country, for a ride. A democratic state based on the rule of law cannot exist or function, if the government routinely ignores and/or fails to abide by court orders.”
The statement, read in part, “Despite the service of the certified true copy of the judgement on the Attorney General of the Federation, the Buhari administration has failed and/or refused to obey it.”
“While many Nigerian workers and pensioners have not been paid by state governors for several months and struggle to make ends meet, former governors continue to collect double emoluments and enjoy opulent lifestyles.”
It would be recalled that SERAP had in July 2017 requested Mr Malami to “institute appropriate legal action to challenge the legality of state laws allowing former governors to enjoy life pensions while drawing normal salaries and allowances in their new political offices and to fully recover public funds from those involved.”
SERAP’s letter to Mr Malami read in part: “According to our information, those who are reportedly receiving double emoluments and large severance benefits from their states include Godswill Akpabio (Akwa Ibom); Rabiu Musa Kwankwaso (Kano); Kabiru Gaya (Kano); Theodore Orji (Abia); Abdullahi Adamu (Nasarawa); Sam Egwu (Ebonyi); Shaaba Lafiagi (Kwara); Joshua Dariye (Plateau), and Jonah Jang (Plateau).
“At least 22 states starting from Lagos State have reportedly passed life pensions laws for former governors and other ex-public officials.
“Other states include Akwa Ibom, Edo, Delta, Ekiti, Kano, Gombe, Yobe, Borno, Bauchi, Abia, Imo, Bayelsa, Oyo, Osun, Kwara, Ondo, Ebonyi, Rivers, Niger, Kogi, and Katsina.”
The 20-page judgement in suit no: FHC/L/CS/1497/2017 signed by Honourable Justice Oluremi Oguntoyinbo reads in part: “The Attorney General has argued that the States’ laws duly passed cannot be challenged. With respect, I do not agree with this line of argument by the Attorney General that he cannot challenge the States’ pension laws for former governors.
“The question that comes to mind is: who should approach the Court where a particular law is not in the best interest of Nigeria as a country or National interest? Who should approach the Court where a particular law is detrimental to the interest of the country? Who should institute actions in court for the purpose of recovering public funds collected?
“In my humble view, the Attorney General should be interested in the legality or validity of any law in Nigeria and how such laws affect or will affect Nigerians, being the Chief Law Officer of the Federation.
“I have considered SERAP’s arguments that it is concerned about the attendant consequences that are manifesting on the public workers and pensioners of the states who have been refused salaries and pensions running into several months on the excuse of non-availability of state resources to pay them.
“SERAP has also argued that there is a need to recover such public funds collected by former governors.
“Having considered all the facts presented by SERAP on the need for the suit and the Counter-Affidavit against same, I find no reason why the order of mandamus should not be granted. I am of the view that SERAP’s suit has merit.
“I resolve this issue against the Attorney General, in favour of SERAP. I hold that the Motion of Notice for Mandamus dated 6th February 2018 and filed on February 7, 2018, has merit. It is therefore granted in the terms sought.
“The Attorney General is hereby directed 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.
“I take judicial notice of the essence of the creation of SERAP. I believe that SERAP has the locus standi to bring this suit. More so, this is a constitutional matter. In constitutional matters, the requirement of locus standi becomes unnecessary to a great extent as it may merely impede judicial function. This issue is therefore resolved against the Attorney General, in favour of SERAP.
“SERAP is seeking an order of mandamus to compel the Attorney General to file an action to challenge States’ pension laws for former governors and recover public funds collected by them in the public interest since the Attorney General has failed/neglected to institute such action. That is the essence of SERAP’s suit.
“I believe the Attorney General can institute an action in a Court of law to challenge States’ pension laws for former governors.
“I do not see any substance in the submissions of counsel to the Attorney General on this issue. I therefore resolve this issue against the Attorney General, in favour of SERAP.
“On the whole, I find no merit in the Attorney General’s preliminary objection. It is accordingly dismissed.”
Rivers State Head of Service, Dr (Mrs) Inyingi Brown, has called on rural communities in the State to embrace the Rural Access and Agricultural marketing project (RAAMP) with a view to improving their living conditions.
This follows the ongoing sensitization campaign by the State Project Implementation Unit (SPIU) visits to Degema, Abonnema, Afam headquarters of Degema, Akuku Toru and Oyigbo Etche and Omuma local government areas respectively.
Dr Brown who was represented by the Deputy Director, Special Duties in her office, Mrs Dein Akpanah, said RAAMP was initiated by the Federal Government and World Bank to economically empower rural dwellers.s
She said the World Bank understands the plights of rural farmers and traders in the State, and therefore came up with the programme to address them.
According to her, RAAMP will improve the conditions of farmers, traders and fishermen, and therefore, behoves on every rural communities in the State to embrace the programme.
The Head of Service also said the programme would support the youths to be gainfully employed while bridges and roads will be built to link farms and fishing settlements.
Also speaking, the State project coordinator, Mr Joshua Kpakol, said the programme has the potential of creating millionaires among farmers and fishermen in the State.
Kpakol who was represented by Engr. Sam Tombari, said RAAMP would help farmers and fishermen to preserve their produce.
According to him, the project will build cold rooms and Silos for preservation of crops and fishes while access roads will also be created to link farmers and fishermen to the market.
He, however, warned them against any act that will lead to the suspension of the projects by the World Bank.
Kpakol particularly warned against acts such as kidnapping, marching ground, gender based violence and child labour, adding that such acts if they occur may lead to the cancellation of the project by the World Bank.
During the visit to Oyigbo local government area, Mr Joshua Kpakol, said the team was there to let them know how they will benefit from the Raamp.
The coordinator who was personally at Oyigbo said the World Bank introduced the project to check food insecurity in the State.
He said already 19 states in Nigeria are already benefitting from the project and called on them to embrace the project.
Meanwhile, stakeholders in the three local government areas have commended the World Bank for including their areas in the project.
They, however, complained over the incessant attacks by pirates on their waterways.
At Degema, King Agolia of Ke kingdom said land was a major problem in the kingdom.
King Agolia represented by High Chief Alpheus Damiebi said many indigenes of the kingdom are willing to go into farming but are handicapped by lack of land.
Also at Degema, the representative of the Omu Onyam Ekeim of Usokun Degema kingdom, Osoabo Isaac, said Degema has embraced the programme but needed more information on the implementation of the programme.
Similarly, while High Chief Precious Abadi advised that the project should not be narrowed to only crop farming, a community women leader, Mrs Orikinge Eremabo Otto, called for the construction of cold rooms in all fishing settlements in the area.
At Abonnema, Mr Diamond Kio linked the problem of the area to incessant piracy along waterways.
He also expressed fears over the possibility of the project being hijacked by politicians.
Also at Abonnema, a stakeholder, Ikiriko Kelvin, called on the World Bank to design an agricultural project that will suit the riverine environment, while at Oyigbo, HRH Eze Boniface Akawo expressed satisfaction with the project.
John Bibor
The political mudslinging between the Senate leadership and Senator Natasha Akpoti-Uduaghan continued yesterday as the Senate named Senator Aniekan Bassey as the new Chairman of the Committee on Diaspora and Non-Governmental Organisations.
Senate President, Godswill Akpabio, announced the appointment during yesterday’s plenary, confirming Bassey’s replacement of Senator Natasha Akpoti-Uduaghan, who is currently on suspension.
Akpoti-Uduaghan was reassigned to the Diaspora and NGOs Committee in February after she was removed as Chair of the Senate Committee on Local Content during a minor reshuffle.
Bassey is the senator representing Akwa Ibom North-East Senatorial District.
Although no reason was given for her removal yesterday, the change is believed to be connected to her unresolved suspension.
In May, Justice Binta Nyako of the Federal High Court ordered her reinstatement and directed her to tender an apology to the Senate.
However, the Senate has insisted it has not received a certified true copy of the court judgment.
Akpoti-Uduaghan who represents Kogi Central, has yet to resume her legislative duties despite a recent court ruling that voided her suspension.
In a televised interview on Tuesday, Akpoti-Uduaghan said she was awaiting the Certified True Copy of the judgment before officially returning to plenary, citing legal advice and respect for institutional process.
Although the Federal High Court described her suspension as “excessive and unconstitutional”, a legal opinion dated July 5 and attributed to the Senate’s counsel, Paul Daudu (SAN), argued that the ruling lacked any binding directive to enforce her reinstatement.
Akpoti-Uduaghan, one of only three female senators in the current assembly, said the continued delay in allowing her return was not only a denial of her mandate but also a blow to democratic representation.
“By keeping me out of the chambers, the Senate is not just silencing Kogi Central, it’s denying Nigerian women and children representation. We are only three female senators now, down from eight,” she said.
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