‘Why Tinubu Must Emulate Alex Otti, Obey Court Judgment Stopping Pensions To Ex-govs’

The Socio-Economic Rights and Accountability Project (SERAP) has urged President Bola Tinubu to emulate the good example of Governor Alex Otti of Abia State by immediately obeying the judgment ordering the Federal Government to recover pensions collected by former governors, and to challenge the legality of states’ pension laws permitting those involved to collect such outrageous pensions.

The judgment, dated 26 November, 2019 was delivered by Honourable Justice Oluremi Oguntoyinbo following a suit by SERAP.

Recall that Governor Otti last week signed into law the bill to repeal ‘The Abia State Governors and Deputy Governors Pensions Law No 4 of 2001’, following the passing by the house of assembly. Under the repealed law, former governors and deputy governors in the state were paid lifetime salaries and got houses in Abia and Abuja.

In the letter dated 23 March 2024 and signed by SERAP deputy director Kolawole Oluwadare, the organisation accused former President Muhammadu Buhari of blatantly refusing to obey the court judgment.

SERAP noted that unless the judgment is immediately obeyed, former governors and their deputies including those now serving as ministers and lawmakers would continue to evade justice for their actions.

The organisation revealed that 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) are currently receiving double emoluments.

The letter read in part: “SERAP agrees with former president Olusegun Obasanjo’s conclusion that states’ pension laws are ‘acts of daylight robbery’, and his call for such laws to be abolished by other state governors.

“Immediately obeying the judgment would show the sovereignty of the rule of law in Nigeria and go a long way in protecting the integrity of the country’s legal system.

“Obeying the judgment would also show you as a defender of the Nigerian Constitution of 1999 (as amended), the rule of law, and public interest within government.

“Nigeria’s democracy needs courts so that public officials and private actors including former governors and their deputies collecting life pensions, exotic cars and other allowances from their states can be held accountable for any infraction of Nigerian laws.

“Mr Buhari turned a blind eye to the judgment. State governors have failed to provide names of former governors and their deputies who have collected and continue to collect pensions from their states and the amount so far spent on these ex-officials.

“Constitutionalism and the rule of law are not in conflict with democracy; rather, they are essential to it. Justice Oguntoyinbo’s judgment has pointed the way for your government to provide the leadership to ensure the reform of pension laws allowing former governors and their deputies to collect lifetime salaries and allowances. It is now time for your government to restore the rule of law systemically.

“Like pension laws of several states, the repealed Abia state pension law stipulated that former Abia governors and deputies are entitled to 100 percent of the annual basic salaries of the incumbent governor and deputy; their cooks, stewards, drivers, and gardeners are to be paid by the state; and are entitled to three police officers and two operatives of the Department of State Services (DSS).

“Justice Oguntoyinbo in her judgment granted ‘AN ORDER of mandamus compelling and directing the Attorney General to urgently identify former governors and their deputies collecting pensions from their states and to seek full recovery of public funds from those involved.’

“Justice Oguntoyinbo also granted ‘AN ORDER of mandamus compelling and directing the Attorney General to urgently institute appropriate legal actions to challenge the legality of states’ laws permitting former governors, serving as senators and ministers to enjoy governors’ emoluments while drawing normal salaries and allowances in their new political offices.’

“Justice Oguntoyinbo also indicated that double emoluments for former governors are unacceptable, unconstitutional and illegal.

“SERAP also notes that former president Olusegun Obasanjo this week correctly asked state governors to emulate governor Alex Otti in repealing laws supporting the payment of pensions to former governors and deputies in their states. Mr Obasanjo described life pension laws as ‘rascality’ and ‘acts of daylight robbery’.

“Over N40 billion have reportedly been collected by former governors serving as ministers and members of the National Assembly.

“Justice Oguntoyinbo who recently retired from the bench expressed ‘regret’ during a valedictory court session held in her honour that the judgment has not been obeyed.

“Justice Oguntoyinbo stated: ‘I remember with pride my landmark judgment 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.

“Immediately obeying the judgment would demonstrate your oft-repeated commitment to the rule of law, and respect for the judiciary as the guardian of justice in this country. 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.

“Many of the former governors serving as ministers in your administration and as members of the National Assembly are reportedly enjoying pensions from their states while drawing normal salaries and allowances in their new political offices.

“SERAP is concerned that 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.

“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).

“Others are 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 judgment 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.’

“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.”

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Ramadan Feeding: Kano Governor, Yusuf Speaks On Spending N6 Billion

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The Governor of Kano State, Abba Yusuf, on Sunday, distanced his administration from alleged allocation of N6 billion for the Ramadan Feeding Programme in the state.

Naija News gathered that Governor Yusuf dismissed the allegations on his official X handle.

He said, “Over the past few days, I’ve observed heightened media speculations about our government purportedly budgeting the sum of six billion naira for the Ramadan Feeding Program.

“I wish to categorically state that the actual amount for the program is the sum of one billion one hundred and ninety seven million seven hundred thousand naira, for the whole month.

“I also counsel the media to ensure that they get their figures regarding our projects from the proper sources without giving credence to speculative figures.”

Yusuf recently paid a visit to various centres where food is being distributed to those in need during the holy month of Ramadan.

The visit was aimed at assessing the performance of those entrusted with the task of providing food to the less fortunate and ensuring their adherence to guidelines.

Upon visiting one of the centres, Governor Yusuf expressed dissatisfaction with the food preparation and distribution methods.

He expressed his disappointment with the quality of the food.

He said, “Is this kunu?” Wow, check that out. Is there any sugar available? It’s baffling how such subpar food is being distributed, especially considering the significant funds allocated for this programme.

“How can someone prepare this poorly and give people as food? Wallahi, Allah will deal with anyone doing this during this holy period of Ramadan.”

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Peter Obi Intervenes In Labour Party Crisis

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The 2023 presidential candidate of the Labour Party (LP), Peter Obi, has intervened in the lingering face-off between the leadership of the party and the Nigeria Labour Congress (NLC).

The Chief Spokesman of the Obi-Datti Presidential Campaign Organisation, Yunusa Tanko, made this known on Friday.

Naija News recalls that the crisis rocking the party escalated on Wednesday when NLC protesters stormed the LP national headquarters in Abuja to demand the resignation of the party’s National Chairman, Julius Abure.

The protesters asked Abure to resign over an alleged ‘financial rascality’ and contempt of the NLC National President, Joe Ajaero.

In an interview with Sunday Punch, Tanko said Obi has waded into crisis by meeting with members of the House of Representatives and the leadership of the party.

He said the former Governor of Anambra State travelled to Asaba, Delta State capital to meet with the NWC and party leaders.

Tanko revealed that Obi urged the party leadership to consider shifting the contentious national convention to a later date for all aggrieved parties to have a meaningful and wider consultation.

He said, “Well, he has intervened, and by intervening, he had a meeting with members of the National Assembly members, especially the House of Reps and even the leadership of the party. This was why he travelled to Asaba to deliberate with the NWC and party leaders.

“The outcome of that particular meeting has yet to be disclosed. But knowing Obi for who he is, he always holds an opinion and insists on the right thing to be done.

“A wider consultation is also very important for all of us to be on the same page. So he has advised the party in that direction and I am sure they are considering it too. I understand Obi met with everybody individually. Don’t forget representatives of the NLC and TUC are also members of the National Working Committee of the party. They were also there.

“All the same, the representatives of the NLC Political Commission will be reached on this particular discussion and that will be done by His Excellency (Obi). We are hopeful that the issue will be resolved soonest. For now, His Excellency has advised that to have a meaningful wider consultation, we should consider moving it forward so that everybody will be involved.”

Also speaking, the National Publicity Secretary of LP, Obiora Ifoh, confirmed that Obi met with relevant camps privately to sort out the issues.

He said, “I don’t speak for him (Obi). I only speak for the party. But I am aware that he has met all the relevant camps privately within the week and is trying to get the middle ground for everyone. That is the issue at hand.

“The NLC does not have power within the law to decide who becomes what in Labour Party. The laws are there.”

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