Top Story

Court orders FG to recover pensions collected by former governors serving as ministers, NASS members

633

 

The Federal High Court sitting in Lagos in a landmark judgment, has ordered the federal government to recover pensions collected by former governors, now serving as ministers and members of the National Assembly.

The court also directed the Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN), to challenge the legality of states’ pension laws permitting former governors and other ex-public officials to collect such pensions.

This was disclosed in a statement by the Socio-Economic Rights and Accountability Project (SERAP), on Wednesday, by its Deputy Director, Kolawole Oluwadare.

The judgement was delivered by Justice Oluremi Oguntoyinbo, following an application for an order of mandamus in suit number FHC/L/CS/1497/2017 brought by the SERAP.

The judgement is coming against the backdrop of the recent decision of the Zamfara State House of Assembly, abolishing the pension for former governors and other public officers in the state, which provided for the upkeep of ex-governors to the tune of N700 million annually.

Delivering the judgment, 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?

“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.”

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.

Justice Oguntoyinbo’s judgment further read in part: “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.”

Reacting to the judgment, the SERAP deputy director said: “This ground-breaking judgment 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 judgment 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.”

At least 22 states starting from Lagos State have passed life pensions laws for former governors and other ex-public officials.

Other states include Akwa Ibom; Edo; Delta; Kano; Gombe; Yobe; Borno; Bauchi; Abia; Imo; Bayelsa; Oyo; Osun; Kwara; Ondo; Ebonyi; Rivers; Niger; Kogi; and Katsina.

Leave a comment

Related Articles

Mass Deportation: US Prepares to Send 79 Convicted Nigerians Home

At least 79 Nigerians are set to be deported as the U.S....

At Last, N1.96 trn Federation Revenue Shared Among Federal, States, LGs

The Federation Account Allocation Committee (FAAC) has shared N1.969 trillion, the December...

2,500 Kaduna’s Damau Residents Get Clean Water as REA Provides Solar Mini-Grid

More than 2,500 residents of Damau village in the Kubau Local Government...

Back Home: Tinubu Touches Down in Abuja After Türkiye Trip

President Bola Tinubu has returned to Abuja after a five-day state visit...

January Salaries Delayed as FG, States Disagree Over ₦1.97trn FAAC Funds

A persistent deadlock over the distribution of ₦1.97 trillion has halted the...

Woman’s Death Mid-Flight: Nigerian Family Presses Ethiopian Airlines for Explanation, Transparency

Grief-stricken and seeking justice, a Nigerian family has raised the alarm over...

FG’s ₦58.47trn 2026 Appropriation Bill Scales Second Reading in Green Chambers

Nigeria’s House of Representatives has given the green light to the ₦58.47...

$1trn Infrastructure: FG to Invest in Two New Satellites to Support Digital Transformation

In a major boost for Nigeria’s tech landscape, President Tinubu has approved...

Bilateral Milestone: Nigeria and Türkiye Commit to $5bln Trade Volume, Counter-Terrorism Cooperation

In a strategic move to fortify economic and security ties, Türkiye and...

“A mere stumble, not a fall” — Bayo Onanuga clarifies Pres. Tinubu’s Ankara incident

Following a minor stumble during his reception in Ankara, the Presidency has...

At Last, DHQ Confirms Thwarted Coup Plot, 16 Officers Set for Martial Court

The Defence Headquarters (DHQ) announced on Monday that a Special Investigative Panel...

Kado Dawn Raid: One Suspect Shot, Arrested After FCT Police Bust Motorists’ Robbery

The early morning calm and quietness of the Kado district in the...

Tinubu Departs Abuja Jan. 26 for High-Level State Visit to Türkiye

President Bola Tinubu will depart Abuja on Monday, January 26, for a...

Tinubu’s Minister Warns APC Against Ditching VP Shettima on 2027 Presidential Ticket

Hannatu Musawa, the Minister of Culture, Tourism, and Creative Economy, has warned...

VP Shettima Back in Abuja After High-Level Engagements Abroad

After a week-long diplomatic and economic mission to Guinea-Conakry and Switzerland, Vice...

Exclusive: Peter Obi Under Fire as APC Rep Questions His Political Credentials

Clement Jimbo, the vocal House of Representatives member from Akwa Ibom, has...

Kudirat Abiola’s Murder Case Closed: Supreme Court Dismisses Charges Against Al-Mustapha

The Supreme Court has finally ended the decades-long legal battle surrounding the...

Tinubu Gives Green Light to Oil Drilling in Ogun Waterside, Approves Olokola Deep Seaport

Ogun State is poised to join the league of oil-producing states following...

Breaking: Rivers Chief Judge Blocks Impeachment of Gov. Fubara

“The Rivers State House of Assembly had requested the panel, but Amadi...

Court Declares Nenadi Usman as Valid Labour Party Leader

A Federal High Court in Abuja has sacked Julius Abure as the...