The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the Senate President, Godswill Akpabio, and nine other former governors in the 10th Senate over their collection of both salaries and pensions as senators.
POLITICS NIGERIA reports that the suit, filed at the Federal High Court in Abuja on Friday, is seeking to compel the former governors to stop collecting double pay and to return any pensions collected to their respective state treasuries.
SERAP is also seeking an order to compel the former governors to disclose if they have collected and/or are currently collecting both salaries and pensions as former governors, as well as the details and amounts of the pensions so far received by them.
In the suit, SERAP argues that the Seventh Schedule to the Nigerian Constitution 1999 (as amended) requires the former governors to stop collecting both salaries and pensions and to return any pensions collected.
SERAP also argues that the collection of double pay by the former governors is a violation of the UN Convention against Corruption and the Code of Conduct for Public Officers in the Fifth Schedule, Part 1 of the Nigerian Constitution.
The suit further argues that the collection of double pay by the former governors is a flagrant violation of the letter and spirit of the Nigerian Constitution and the public trust and that it is a travesty for former governors to be looking after themselves while over 137 million Nigerians are living in extreme poverty.
The statement reads in part, “Paragraph 2 (a) of the Code of Conduct for Public Officers in the Fifth Schedule, Part 1 of the Nigerian Constitution provides in part: ‘a public officer shall not receive or be paid the emoluments of any public office at the same time as he receives or is paid the emoluments of any other public office.’
“Justice Oluremi Oguntoyinbo in a landmark judgment dated 26 November, 2019 also indicated that double emoluments for former governors are unacceptable, unconstitutional and illegal.
“Constitutional oath of office requires public officials including former governors in the Senate and serving as ministers to abstain from all improper acts, including collecting life pensions. A false oath lacks truth and justice. The oath statements require the oath takers to commit to uphold and defend the Constitution.
“According to reports, there are fourteen former governors in the Senate and as ministers who may be collecting pensions running into billions of naira from their states. The former governors include: Godswill Akpabio (Akwa-Ibom State); Adams Oshiomhole (Edo State); Adamu Aliero (Kebbi State); Dave Umahi (Ebonyi State); Aminu Tambuwal (Sokoto State); and Abubakar Sani Bello (Niger State).
“Others are: Ibrahim Danwkambo (Gombe State); Danjuma Goje (Gombe State); Abdulaziz Yari (Zamfara State); Gbenga Daniel (Ogun State); Aliyu Wammako (Sokoto State); Orji Kalu (Abia State); Ibrahim Gaidam (Yobe State); and Seriake Dickson (Bayelsa State). Also, there are at least seven former governors in President Bola Tinubu’s cabinet who may be collecting both salaries and pensions.
“The states currently implementing life pensions for former governors reportedly include Akwa-Ibom, Abia, Edo, Jigawa, Niger, Kebbi, Kano, Ogun, Sokoto, Jigawa, Cross River, Ebonyi, Enugu, Benue, Gombe, Yobe, Taraba, Kaduna, Plateau, Katsina, Rivers, and Delta.
“Under Akwa Ibom Life Pension law [as amended] a former governor is entitled to an annual pay of N200 million, two official vehicles with chauffeurs, furniture allowance of 300 per cent of basic salary replaceable every four years, an aide, a cook, and lifetime security guards worth N5 million monthly, and N2.5 million for their deputies.
“There is also state-sponsored annual medical service of about N100 million for ex-governors and their spouses and N50 million for the ex-deputy governors, five-bedroom mansions in Abuja and Akwa Ibom.
“Other benefits include: 300% annual basic salary as ‘severance gratuity’, 300% of annual basic salary for ‘car maintenance’; 100% of annual basic salary for ‘entertainment’; and 100% of annual basic salary for ‘utility.’
“In Abia State, a former governor is entitled to 100 per cent of the salary of the incumbent. Benefits for former governors include an official car, a police orderly, two operatives of two police men for the security of his house and allowances for cooks, stewards, driver and gardener.
“In Gombe State, there is N300 million executive pension benefits for the ex-governors. Ex-governor and deputy governor are also entitled to a 30-day paid travel expenses annually to any country of their choice alongside their wives.
“A former governor is also entitled to two utility cars, while his deputy is entitled to one car to be replaced periodically. Both the governor, deputy governor and their wives are entitled to paid medical treatment at home or abroad.
“In Sokoto State, former governors and deputy governors are to receive N200m and N180m respectively being monetization for other entitlements which include domestic aides, accommodation and vehicles replaceable every four years.
“According to the 2013 life pension law, the pension should be charged upon the consolidated revenue fund of the state. Former governors and their deputies are also entitled to other privileges, such as free medical treatment anywhere for themselves, their spouses and biological children, and the payment of all their utilities.
“Under the life pension law in Jigawa, former governors are entitled to the same salary as the incumbent, two vehicles replaceable every four years, a six-bedroom apartment, furnished office, two personal assistants, and two drivers.
“In Edo State, former governors and their deputies are entitled to a house in any location of their choice, pension for life at 100 per cent of their last salary, three brand new cars after five years, drivers, domestic members of staff, medical bills for them and their immediate families, amongst many other benefits.”
