A group, Socio-Economic Rights and Accountability Project (SERAP) has dragged senate president, Godswill Akpabio and nine other former governors in the 10th Senate before the Federal High Court in Abuja for allegedly collecting salaries and pensions as senators.
SERAP asked the court for an order of mandamus, directing the 10 senators to stop collecting both salaries and pensions, and to return any pensions collected to their respective state treasuries.
Named as respondents in the suit, which is yet to be assigned to a judge are Abdulaziz Yari; Aminu Tambuwal; Adamu Aliero; Adams Oshiomole; Ibrahim Gaidam; Seriake Dickson; Ibrahim Dankwambo; Aliyu Wammako; Gbenga Daniel, and Dave Umahi.
The applicant is also urging the court for an order of mandamus directing and compelling the senators and Umahi, who is now the minister for works, to disclose the details and amounts of the pensions so far received by them.
In an affidavit filed alongside the suit, SERAP averred that the Seventh Schedule to the 1999 Constitution (as amended) requires the former governors to stop collecting both salaries and pensions and to return any pensions collected.
SERAP also maintained that unless the reliefs sought are granted, the former governors would continue to both enjoy life pension packages, and collect salaries as serving public officers, and the travesty and private self-interest would continue.
The applicant insisted that it is a fundamental breach of their fiduciary duties for former governors to collect both salaries and pensions and that the alleged double emoluments are detrimental to the public interest.
SERAP argued that their action is a flagrant violation of the letter and spirit of the Nigerian Constitution and the public trust.
The applicant also contended that it is a travesty for former governors to be looking after themselves while over 137 million Nigerians are living in extreme poverty exacerbated by the removal of fuel subsidy.
The suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare and Ms Valentina Adegoke, reads in part, “The UN Convention against Corruption requires public officials to discharge a public duty truthfully and faithfully.
“The UN Convention also implicitly prohibits large severance benefits for public officials. The convention specifically in article 8 requires public officers to promote integrity and responsibility in the management of public resources.
“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 26th 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 are reportedly collecting both salaries and pensions,” SERAP said.
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