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A Lagos-based rights group, Socio-Economic Rights and Accountability Project (SERAP) has filed a contempt suit against the Federal Government of Nigeria (FGN) and Mr Abubakar Malami (SAN), the Attorney-General of the Federation (AGF) and Minister of Justice, over failure to recover over N40 billion double pay and life pensions from former governors who are serving as lawmakers and ministers.
It would be recalled that Justice Olureni Oguntoyinbo of the Federal High Court, Lagos had in November 2019 ordered the FGN to recover life pensions collected by former governors serving as ministers and members of the National Assembly.
The judge had further directed Malami to challenge the legality of states’ life pension laws permitting former governors and other ex-public officials to collect such pensions”.
However, according to SERAP, the FGN, led by President Muhammadu Buhari has failed to implement the judgment.
Justice Oguntoyinbo, who last month retired from the bench expressed “regret” during a valedictory court session held in her honour that the judgment has not been implemented.
Angered by this development, the human rights group moved to enforce the judgment by filing Form 48 contempt suit at the Federal High Court, Lagos.
Form 48, which is the notice of consequence of disobedience of court orders, reads in part: “Unless you obey the orders of the court contained on the reverse side of this process you shall be deemed to have disobeyed the orders of the court and shall be liable to committed to prison for contempt”.
In a statement dated May 7, 2023, and signed by its Deputy Director, Kolawole Oluwadare, SERAP insisted that “It’s unacceptable to take the court, which is the guardian of justice in this country, for a ride.
"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.
“Despite the service of the certified true copy of the judgment on the Attorney General of the Federation, the Buhari administration has failed and/or refused to obey it.
“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”.
Before this time, SERAP had in July 2017 requested Malami to, “Institute appropriate legal action to challenge the legality of state laws allowing former governors to enjoy life pensions while drawing normal salaries and allowances in their new political offices and to fully recover public funds from those involved.
“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); 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”.
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