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 for collecting salaries and pensions at the same time.
Joined in the suit as respondents are Senators Abdulaziz Yari; Aminu Tambuwal; Adamu Aliero; Adams Oshiomole; Ibrahim Gaidam; Seriake Dickson; Ibrahim Dankwambo; Aliyu Wammako; Gbenga Daniel, and Dave Umahi, a former senator who is now the minister of works.
In the suit number FHC/ABJ/CS/1360/2023 filed last Friday at the Federal High Court in Abuja, SERAP is seeking an order of mandamus to direct and compel Akpabio, nine other senators and Umahi to stop collecting both salaries and pensions and to return any pensions collected to their respective state treasuries.
SERAP is also seeking an order of mandamus to direct and compel Akpabio, nine other senators and Umahi to clarify and disclose if they have collected and/or currently collecting both salaries and pensions as former governors.
It’s also seeking an order of mandamus to direct and compel Akpabio, nine other senators and Umahi to disclose the details and amounts of the pensions so far received by them.
In the suit, SERAP is arguing 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.
“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”.
SERAP is also arguing that: “It is a fundamental breach of their fiduciary duties for former governors to collect both salaries and pensions. The alleged collection by former governors of double emoluments is detrimental to the public interest.
“Collecting pensions as former governors and salaries while serving as public officers is a flagrant violation of the letter and spirit of the Nigerian Constitution and the public trust”.
It averred 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, read 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 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 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.
No date has been fixed for the hearing of the suit.
