A Federal High Court sitting in Lagos has ordered the federal government to “recover pensions collected by former governors now serving as ministers and members of the National Assembly.”
It also “directed the Attorney General of the Federation and Minister of Justice Mr. Abubakar Malami, SAN, to challenge the legality of states’ pension laws permitting former governors and other ex-public officials to collect such pensions.”
The ruling by Justice Oluremi Oguntoyinbo, was consequent upon an application for an order of mandamus in suit number FHC/L/CS/1497/2017 brought by the Socio-Economic Rights and Accountability Project (SERAP).
Among others, SERAP had sued the federal government for failing to seek the recovery of over “N40bn unduly received by the former governors” now serving as senators and ministers.
Listed as beneficiaries of the ‘largesse’ by SERAP are former Senate President Bukola Saraki, Godswill Akpabio Rabiu Kwankwaso, Theodore Orji, Abdullahi Adamu, Sam Egwu, Shaaba Lafiagi, Joshua Dariye, Jonah Jang, Ahmed Sani Yarima, Danjuma Goje, Bukar Abba Ibrahim, Adamu Aliero, George Akume, Biodun Olujimi and Enyinaya Harcourt Abaribe, all former or current lawmakers.
The suit also listed Minister of Transport Rotimi Amaechi, former minister of steel and current governor of Ekiti state, Kayode Fayemi, Minister of Labour Chris Ngige and Minister of Housing Babatunde Fashola, SAN.
‘We never took the benefits’
While Saraki said he had stopped the collection of the pension as former state governor following the suit, Fayemi, Ngige and Fashola insisted they never took the money since taking up other public assignments after their tenure.
Zamfara
The Zamfara state House of Assembly, had, recently, abolished a law which allowed the payment of pension and other allowances to former governors and their deputies, among other major former public office holders.
Also, the immediate past governor of the state, Abdulaziz Yari cried out over his unpaid N10million monthly emolument by the state government.
The ruling
In its ruling, the court ordered the Attorney General of the Federation and Minister of Justice Abubakar Malami, SAN, to institute appropriate legal actions challenging the legality of states’ laws permitting former governors, currently serving as ministers and lawmakers to enjoy governors’ emoluments while drawing normal salaries and allowances in their new political offices.
SERAP vowed that it would take the legal fight to a higher level and ensure all governors abolish the life pension law in their states.
Delivering the judgement, Justice Oguntoyinbo said: “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?” the judge quipped.
Providing answers to the posers herself, the judge said: “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 need to recover such public funds collected by former governors.
“It is clear from the facts of this case that SERAP had written the Attorney General to 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 seek full recovery of funds from those involved.
“SERAP has stated that since the receipt of the said letter, the Attorney General has failed, refused and/or neglected to institute appropriate legal actions to that effect. In my view, the principle of ‘demand and refusal’ has been satisfied by SERAP. I have also considered the fact that in action to protect a public right or enforce the performance of a public duty, it is the Attorney General that ought to sue.
“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 7th February 2018 has merit. It is therefore granted in the terms sought.
“In other words, 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 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 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,” the judge averred.
“I have considered the papers filed and it is obvious that SERAP is a human rights non-governmental organisation, seeking to protect the public interest. It is also clear that the reason for this suit is to compel the Attorney General to challenge the legality of states’ pension laws for former governors and to identify those who have collected pensions and also seek to full recovery of public funds.
“Parties ought to be bound by the issues they formulate. They ought not to make arguments outside the issues formulated by them. The Attorney General has failed to give any reason for submitting that SERAP’s suit is incompetent.
“The argument made is that the reliefs sought by SERAP in this suit cannot be granted; that the Attorney General cannot be compelled to institute actions and that the laws sought to be challenged were duly passed by the House of Assembly, and are therefore legal and ought not to be challenged. However, SERAP on its part has made contrary arguments.
“The Attorney General has argued that SERAP has not shown any injury it has suffered any injury as a result of the salaries and allowances being given to former governors who are now senators. SERAP is neither civil servants nor public servants who have any issues with the said states’ pension laws for former governors. That the suit was filed to promote transparency and accountability does not confer locus standi on SERAP to maintain this action.
“The Attorney General has only made argument as to why the suit should be refused on the merit. I believe the Attorney General ought to have incorporated these arguments in his response to the suit rather than incorporating same in a preliminary objection. This is fatal to this issue in this suit,” the court ruled
SERAP reacts
In a reaction SERAP’s Deputy Director, Kolawole Oluwadare, said: “This ground-breaking judgement is a victory for Nigerian workers and pensioners who have not been paid by state governors for several months and struggle to make ends meet whilst former governors now serving as ministers and senators continue to collect double emoluments and enjoy opulent lifestyles.
“Justice Oguntoyinbo’s judgement shows the urgent need for state governors in Nigeria to follow the Zamfara example by immediately abolishing the obnoxious pension laws in their states. We commend Justice Oguntoyinbo for her courage and wisdom, and urge President Muhammadu Buhari and Mr. Malami to immediately obey the court orders.
“This judgement should catalyse further action from the Chairman, Nigeria Governors’ Forum and Ekiti state Governor Dr Kayode Fayemi to use this judgement to abolish pension law in his own state and make a clear public commitment that the Governors’ Forum under his watch will push all governors and ex-governors to abolish life pensions and return public funds collected by them before being compelled to do so.”
Falana
Also in a reaction, Mr. Femi Falana, SAN said: “SERAP deserves the commendation of all well-meaning people that have agonised over the legalisation of obscene pension package for former governors. This is one of the most patriotic public interest litigation ever undertaken in Nigeria. We call on state governors to use the judgment as the basis for formally repealing life pension laws and all other retrogressive laws without any further ado.”
Justice Oguntoyinbo adjourned the suit to the 3rd of February, 2020 for hearing on report of compliance with the court orders/judgment by the federal government. Source: SERAP
Lamido defends benefits
But the immediate past governor of Jigawa state, Alhaji Sule Lamido, has defended the payment of pensions to former governors, saying it enjoys the backing of the law.
He spoke in an interview with BBC Hausa Service morning programme.
Although, his position was not a direct response to the court’s verdict, the former governor accused the incumbent governor of the state, Alhaji Mohammed Badaru Abubakar of withholding his benefits.
He urged serving governors to respect existing laws as they would also join the league of former governors.
The interview as translated
Q: As former governor what is your monthly pension?
Sule Lamido: I receive N667, 000 monthly, though for over a year the payment has been stopped for alleged fraud and the account frozen.
Q: You were accused of stealing public funds while serving as governor. Is that the reason why they froze your account?
Sule Lamido: I don’t know. May be they froze the account due to the ongoing trial. But the truth is that the amount, N667, 000, is below what Balarabe Musa, a former governor of Kaduna State of 30 years ago is receiving. His pension is above mine. What I am saying is that let us do the right thing based on constitutional recommendation.
Q: In some states, former governors are collecting N10 million while others collect N30 million. This is in addition to the provision of houses in their states and in Abuja. These governors formulated the law, did you also do that?
Sule Lamido: There is a national committee that was saddled with the responsibility to determine the payment of workers and judges. When I was a governor, they came, we sat with them, they were guided on how to design the law. The law was implemented, I signed it, but I can’t recall the amount. I know that the beneficiaries were former governors, their deputies, speakers of the state House of Assembly and their deputies as well. This is already in existence without considering the beneficiaries. I know that the law says that I am entitled to house and vehicles foreign medical trip but none of these benefits is forthcoming, apart from the N667.000 in the already frozen account. Also, former governor Saminu Turaki and Ali Sa’adu are not benefiting.
Q: Did you request for the benefits being that it is your right and it is already a law?
Sule Lamido: The current governor, Muhammad Badaru, if he sees us as opposition, he will also join the league of former governors. These are things that are already in place that you have not followed. Now, if you are talking about poverty, then you need to amend like what happened in Zamfara because N10 million is too much.
Q: The one you signed is not up to N10 million?
Sule Lamido: The salary of serving governors, is that N10 million?
Q: Zamfara approved N10 million for ex-governors, did you approve N667, 000 as your pension?
Sule Lamido: There was no increase from that N667, 000. It depends on the economic well-being of a state. States like Rivers, Akwa-Ibom and Lagos, and maybe Zamfara is among these rich states.
Q: Some people accused you former governors as being selfish, that you are so flamboyant and that was why you approved huge amounts of money as pension to the detriment of the larger underserved citizens.
Sule Lamido: If there is poverty in the land, it is good to look beside and see the situation of your neighbour. But the crux of the matter is that it’s a law that was implemented in the state. Just like in Jigawa state, I’m entitled to house, vehicles and foreign medical checkup. But if you see that the law can no longer stand, I accept that. But former presidents too are also beneficiaries, including all the service chiefs, customs, prisons and immigration controllers. All these officials have their packages backed by law, including the (Chief Justice of Nigeria) CJN and Supreme Court Judges. But politicians are always blackmailed.
Q: But these are civil servants who rose through the cadres for 35 years in service. But governors served only eight years and they enjoyed a lot of privileges, including their children.
Sule Lamido: These officials also benefited from all the privileges accorded to former governors. The moral behind these privileges is to motivate officials to serve the country right.
Q: But despite all these privileges, the officials are being accused of corruption.
Sule Lamido: If this is the case, let them nullify the law to all categories of the aforementioned officials. When EFCC was established, Obasanjo was accused of using the commission to witch hunt the opposition. Then I urged people to see the purpose for which the agency was created. If the EFCC was established to protect members of the PDP, one day he (Obasanjo) would leave office. Let’s make laws to protect the country, not to witch hunt someone because the person you witch hunt may end up being in power.
