Stop Akpabio, others from collecting salaries, pensions, SERAP tells court
The Socio-Economic Rights and Accountability Project has launched a lawsuit against Senate President Godswill Akpabio and nine other former governors in the 10th Senate for receiving salaries and pensions while serving as senators.
This was mentioned in a press statement issued by Kolawole Oluwadare, the deputy director of SERAP, and made accessible to The TalkTalk Nigeria on Sunday.
Respondents in the complaint include Senators Abdulaziz Yari, Aminu Tambuwal, Adamu Aliero, Adams Oshiomole, Ibrahim Gaidam, Seriake Dickson, Ibrahim Dankwambo, Aliyu Wammako, Gbenga Daniel, and Dave Umahi, 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 Mr. Akpabio, nine other senators and Mr Umahi to stop collecting both salaries and pensions and to return any pensions collected to their respective state treasuries.”
The group regretted that respondents were "looking after themselves while over 137 million Nigerians are living in extreme poverty," which had been exacerbated by the elimination of fuel subsidies.
It went on to say, "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 is asking for "an order of mandamus to direct and compel Mr. Akpabio, nine other senators and Mr. Umahi to clarify and disclose if they have collected and/or currently collecting both salaries and pensions as former governors."
"An order of mandamus to direct and compel Mr. Akpabio, nine other senators and Mr. Umahi to disclose the details and amounts of the pensions so far received by them."
SERAP claimed in the action that "the Seventh Schedule to the Nigerian Constitution 1999 (as amended) requires former governors to cease receiving both salaries and pensions and to return any pensions received."
"Unless the requested reliefs are granted, the former governors will continue to receive life pensions as well as salaries as serving public officers, and the travesty and private self-interest will continue."
The statement also detailed the benefits received by previous governors and their deputies, as well as their wives, ranging from pensions to medical treatments, security, and other perks.
"For former governors to collect both salaries and pensions is a fundamental breach of their fiduciary duties." The alleged receipt of double emoluments by previous governors is harmful to the public interest."
"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."
According to the action filed on behalf of SERAP by its lawyers, Kolawole Oluwadare and Ms Valentina Adegoke, "the UN Convention against Corruption requires public officials to discharge a public duty truthfully and faithfully."
"The UN Convention also prohibits large severance pay for public officials." Article 8 of the treaty mandates 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," the statement continued.
"The constitutional oath of office requires public officials, including former governors serving in the Senate and ministers, to refrain from all improper acts, including collecting life pensions." A false oath is devoid of truth and justice. The oath statements involve pledges to protect and defend the Constitution."
"According to reports, there are fourteen former governors in the Senate and as ministers who may be receiving state pensions worth billions of naira." 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) are among the past governors."
"Others include 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)." In addition, at least seven former governors in President Bola Tinubu's cabinet may be receiving both salary and pensions, according to the statement.
The socio-economic and accountability body explained, “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.
"A former governor is entitled to an annual salary of N200 million, two official vehicles with chauffeurs, a furniture allowance of 300 percent 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 under Akwa Ibom Life Pension Law [as amended]."
"There are also state-sponsored annual medical services worth approximately N100 million for ex-governors and their spouses, and N50 million for ex-deputy governors, as well as five-bedroom mansions in Abuja and Akwa Ibom."
"Other benefits include 300% annual basic salary as 'severance gratuity, 300% of the annual basic salary for 'car maintenance'; 100% of the annual basic salary for 'entertainment'; and 100% of the annual basic salary for 'utility.'"
According to SERAP, "in Abia State, a former governor is entitled to 100% of the incumbent's salary." Former governors are entitled to an official automobile, a police orderly, two operatives or two policemen for house protection, and allowances for cooks, stewards, drivers, and gardeners.
"Ex-governors in Gombe State are entitled to N300 million in executive pension benefits." Ex-governors and deputy governors are also entitled to a 30-day paid trip to any destination of their choice with their wives each year."
"A former governor is also entitled to two utility vehicles, while his deputy is entitled to one vehicle that must be replaced on a regular basis." The governor, deputy governor, and their wives are all eligible to paid medical treatment in the United States or overseas.
"In Sokoto State, former governors and deputy governors will receive N200 million and N180 million in monetization for other entitlements such as domestic aides, housing, and vehicles that will be replaced every four years."
"According to the 2013 life pension law, the pension should be charged against the state's consolidated revenue fund." Former governors and their deputies are also entitled to additional benefits, such as free medical treatment anywhere in the world for themselves, their spouses, and biological children, as well as payment of all utilities."
"Under Jigawa's life pension law, 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," the statement continued.
"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."
According to the statement, no date has been set for the suit's hearing.