Socio-Economic Rights and Accountability Project (SERAP) has urged the Federal High Court in Lagos to direct President Bola Tinubu to instruct former governors who are now serving as ministers in his administration to stop receiving life pensions and other retirement benefits from their states.
SERAP, in the suit which is yet to be assigned to a judge, is seeking an order of mandamus compelling President Tinubu to instruct the former governors to return forthwith any pensions and ‘retirement benefits’ collected by them since leaving office to the public treasury.
The civil society is also asking the court for a declaration that the failure by President Tinubu to publicly instruct the former governors to stop collecting life pensions, exotic cars, and other ‘retirement benefits’ from their states while serving as ministers is a violation of his constitutional oath of office.
The ministers listed in the suit are Badaru Abubakar, Nyesom Wike, Bello Matawalle, Adegboyega Oyetola, David Umahi, Simon Lalong, Atiku Bagudu, and Ibrahim Geidam.
In an affidavit attached to the suit, SERAP argued that appointment of former governors who collect life pensions while serving as ministers is implicitly forbidden by the 1999 Constitution and the country’s international legal obligations.
The applicant also averred that their constitutional oath of office requires public officials to abstain from all improper acts, including collecting ‘retirement benefits’ while serving as ministers.
It further stated that this is inconsistent with the public trust, the overall objectives of the Constitution and that a false oath lacks truth and justice and that the oath statements require the oath takers to commit to uphold and defend the constitution.
SERAP also insisted that if the court stops the former governors from collecting double emoluments it would ensure that the country’s wealth and resources are used for the common good and benefit of the socially and economically vulnerable Nigerians rather than to satisfy the opulent lifestyle of a few politicians.
The applicant maintained that if the court compel President Tinubu to stop the former governors from collecting any ‘retirement benefits’ it would ensure that the exercise of presidential power of appointment is entirely consistent with requirements of the Nigerian Constitution and the fundamental principles of integrity and honesty.
It listed states currently implementing life pensions and other ‘retirement benefits’ for former governors reportedly to include Jigawa, Kebbi, Jigawa, Ebonyi, Yobe, and Rivers. Many of these states owe workers’ salaries and remain the poorest in the country.
SERAP stated that several pension laws in these states include provisions for six cars every three years, a house in Lagos worth N750m, and another in Abuja worth N1bn, unrestricted access to medical attention, and pensionable cooks, stewards, and gardeners.
The applicant also averred that other provisions include 100 per cent annual salaries of the incumbent governor, security operatives and police officers permanently assigned to former governors.
“In President Tinubu’s inaugural speech as president, he promised that his administration would be guided by ‘the principle of the rule of law, a shared sense of fairness and equity, and that ‘Nigeria will be impartially governed according to the constitution.
“These commitments are consistent with the constitutional duties under sections 5, 130 and 147, and oath of office, under the Seventh Schedule to the Constitution of Nigeria 1999 (as amended).
“By the combined reading of these provisions, the Tinubu government has a legal obligation to appoint as ministers former governors whose conduct is entirely consistent and compatible with constitutional and international legal requirements.
“The country’s international legal obligations, especially under the UN Convention against Corruption, also impose a legal commitment on public officials to discharge a public duty truthfully and faithfully.
“Life pensions for former governors serving as ministers are entirely inconsistent and incompatible with the Nigerian Constitution and the country’s obligations under the UN Convention against Corruption.
“The convention in paragraph 1 of article 8 requires the Tinubu government to promote integrity, honesty and responsibility in managing public resources.
“Furthermore, Justice Oluremi Oguntoyinbo, in a judgment dated 26 November 2019, also indicated that double emoluments for former governors are unacceptable, unconstitutional and illegal. Indeed, former governors collecting ‘retirement benefits’ while serving as ministers would amount to taking advantage of entrusted public positions.
“‘Public function’ means activities in the public interest, not against it. The alleged collection of ‘retirement benefits’ by former governors now serving as ministers amounts to private self-interest or self-dealing. It is also detrimental to the public interest,” SERAP stated.
