NEWS
SERAP To Tinubu: Emulate Otti, Obey Court Verdict On Ex-Govs’ Pensions
The Socio-Economic Rights and Accountability Project (SERAP) has urged President Bola Tinubu “to emulate the good example of Abia State Governor, Alex Otti by immediately obeying the judgment ordering the Federal Government to recover pensions collected by former governors, and to challenge the legality of states’ pension laws permitting those involved to collect such outrageous pensions.”
The judgment, dated 26 November, 2019 was delivered by Honourable Justice Oluremi Oguntoyinbo following a suit by the SERAP.
Recall that Gov Otti last week signed into law the bill to repeal ‘The Abia State Governors and Deputy Governors Pensions Law No 4 of 2001’, following the passing by the house of assembly. Under the repealed law, former governors and deputy governors in the state were paid lifetime salaries and got houses in Abia and Abuja.
In the letter dated 23 March 2024 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “We urge you to emulate the good example of governor Otti by urgently obeying the judgment, something which former president Muhammadu Buhari blatantly failed to do.”
SERAP said, “Unless the judgment is immediately obeyed, former governors and their deputies including those now serving as ministers in your administration and members of the National Assembly who receive pensions would continue to evade justice for their actions.”
The letter, read in part: “SERAP agrees with former president Olusegun Obasanjo’s conclusion that states’ pension laws are ‘acts of daylight robbery’, and his call for such laws to be abolished by other state governors.
“Immediately obeying the judgment would show the sovereignty of the rule of law in Nigeria and go a long way in protecting the integrity of the country’s legal system.
“Obeying the judgment would also show you as a defender of the Nigerian Constitution of 1999 (as amended), the rule of law, and public interest within government.
“Nigeria’s democracy needs courts so that public officials and private actors including former governors and their deputies collecting life pensions, exotic cars and other allowances from their states can be held accountable for any infraction of Nigerian laws.
“Mr Buhari turned a blind eye to the judgment. State governors have failed to provide names of former governors and their deputies who have collected and continue to collect pensions from their states and the amount so far spent on these ex-officials.
“Constitutionalism and the rule of law are not in conflict with democracy; rather, they are essential to it. Justice Oguntoyinbo’s judgment has pointed the way for your government to provide the leadership to ensure the reform of pension laws allowing former governors and their deputies to collect lifetime salaries and allowances. It is now time for your government to restore the rule of law systemically.
“Like pension laws of several states, the repealed Abia state pension law stipulated that former Abia governors and deputies are entitled to 100 percent of the annual basic salaries of the incumbent governor and deputy; their cooks, stewards, drivers, and gardeners are to be paid by the state; and are entitled to three police officers and two operatives of the Department of State Services (DSS).
“Justice Oguntoyinbo in her judgment granted ‘AN ORDER of mandamus compelling and directing the Attorney General to urgently identify former governors and their deputies collecting pensions from their states and to seek full recovery of public funds from those involved.’
“Justice Oguntoyinbo also granted ‘AN ORDER of mandamus compelling and directing the Attorney General to urgently institute appropriate legal actions to challenge the legality of states’ laws permitting former governors, serving as senators and ministers to enjoy governors’ emoluments while drawing normal salaries and allowances in their new political offices.’
“Justice Oguntoyinbo also indicated that double emoluments for former governors are unacceptable, unconstitutional and illegal.
“SERAP also notes that former president Olusegun Obasanjo this week correctly asked state governors to emulate governor Alex Otti in repealing laws supporting the payment of pensions to former governors and deputies in their states. Mr Obasanjo described life pension laws as ‘rascality’ and ‘acts of daylight robbery’
“Over N40 billion have reportedly been collected by former governors serving as ministers and members of the National Assembly.
“Justice Oguntoyinbo who recently retired from the bench expressed ‘regret’ during a valedictory court session held in her honour that the judgment has not been obeyed.
“Justice Oguntoyinbo stated: ‘I remember with pride my landmark judgment in SERAP vs. The Attorney-General. Regrettably, that order is yet to be obeyed. I find it very disappointing that Court orders are often not obeyed. If there’s anything I wish to change, it is the impunity towards judicial decisions and the disrespect for the bench.
“Immediately obeying the judgment would demonstrate your oft-repeated commitment to the rule of law, and respect for the judiciary as the guardian of justice in this country. 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.
“Many of the former governors serving as ministers in your administration and as members of the National Assembly are reportedly enjoying pensions from their states while drawing normal salaries and allowances in their new political offices.
“SERAP is concerned that 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.
“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).
“Others are 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.
“The 20-page judgment in suit no: FHC/L/CS/1497/2017 signed by Honourable Justice Oluremi Oguntoyinbo reads in part: ‘The Attorney General has argued that the States’ laws duly passed cannot be challenged. With respect, I do not agree with this line of argument by the Attorney General that he cannot challenge the States’ pension laws for former governors.’
“In my humble view, the Attorney General should be interested in the legality or validity of any law in Nigeria and how such laws affect or will affect Nigerians, being the Chief Law Officer of the Federation.
“I have considered SERAP’s arguments that it is concerned about the attendant consequences that are manifesting on the public workers and pensioners of the states who have been refused salaries and pensions running into several months on the excuse of non-availability of state resources to pay them.”
It appears that Air Peace’s foray into profitable global routes would continue to attract warfare from numerous sources.
Recall that in what seemed like price war, many international airlines tweaked their flight rates to Nigeria southward, following the entry of Air Peace into the global arena, particularly the United Kingdom and the United States routes.
Now, barely three months after Air Peace commenced the Lagos-London route, the United Kingdom Civil Aviation Authority (UKCAA) has formally reported the airline to the Nigerian Civil Aviation Authority (NCAA) for violation of some aviation safety regulations.
It was gathered that two mandatory occurrence reports on Air Peace had been sent to the UKCAA, which in turn forwarded the complaints to the NCAA.
The UKCAA’s covering letter conveying the complaint to the NCAA was entitled, ‘United Kingdom SAFA Ramp Inspection Report with reference number: CAA-UK, -2024-0217’ and ‘NATS Management System Safety Report.’
In a swift reaction, the NCAA has formally demanded explanations and clarifications from Air Peace over the complaints.
The letter, dated May 14, 2024, with reference number: NCAA/DOLTS/APL/Vol.11/03624 was titled, “United Kingdom SAFA Ramp Inspection Report.
General Manager of Operations, NCAA, Capt. O.O. Lawani, signed the letter to Air Peace.
According to the letter, the NCAA averred that the UKCAA had called its attention to the no operational approval of Electronic Flight Bag functions affecting the safe operation of the aircraft, while adding that the captain of the flight admitted that an Electronic Flight Bag was being used for navigational purposes.
The NCAA also pointed out that UKCAA stated in its letter that there was “no mounting device for the use of EFB, no charging points or battery for backup.”
Biztellers reports that Air Peace recently commenced operation to London Gatwick from the Murtala Muhammed International Airport, Lagos under the Bilateral Air Services Agreement, which Nigeria has with the UK.
Air Peace is yet to make its position on the matter public.
Nigeria’s Folashade Adekeye has emerged as the Chairperson, Forum of the Directors of Oil & Gas Training & Vocational Education Institutes of the African Petroleum Producers Organization (APPO).
Biztellers reports that Adekeye, the Director, NNPC Academy, took over from Abdelkader Guenone, the Managing Director of the Algerian Petroleum Institute (API), during the second meeting of the Forum, in Abuja, at the weekend.
At the moment, Adekeye heads the NNPC’s oil and gas training arm, brings into the role over 30 years of experience, and is expected to work with her colleagues from APPO Member Countries in order to foster more collaboration towards addressing the challenges of competences, skill gaps, infrastructure, and poor funding in the organization’s training institutions.
Earlier in his keynote address at the opening ceremony of the meeting, the Group Chief Executive Officer of NNPC Ltd., Mele Kyari, represented by Inuwa Danladi, Executive Vice President (Business Services), emphasized the importance of a standardized educational and training approach to meet the changing demands of the oil and gas industry.
Also in his keynote address, APPO’s Secretary General, Dr. Omar Farouk Ibrahim, charged the Member Countries to work towards further enhancing collaborative efforts to establish Oil & Gas Centres of Excellence across the African continent.
Dr. Ibrahim, also from Nigeria, said having good knowledge of the Forum’s challenges would enable APPO Member Countries to make recommendations and provide solutions in areas such as Oil & Gas project funding, technology adoption, and the formation of Africa Energy Bank.
He concluded that such collaboration by all member countries will guarantee Africa’s energy accessibility, affordability and sustainability, which overall, will strengthen her economies and bring prosperity to its citizens.
The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the governors of Nigeria’s 36 states and the Minister of the Federal Capital Territory, Abuja, Nyesom Wike over failure to account for Federal allocations dating back to 1999.
It was gathered that action followed reports that the Federation Account Allocation Committee (FAAC) disbursed N1.123 trillion to the federal, state, and local governments for March 2024.
They shared N1.208 trillion in April, which saw the states collect N398.689 billion in March, after they collected N403.403 billion in April.
In the suit number FHC/ABJ/CS/666/2024 filed last Friday at the Federal High Court, Abuja, the SERAP is asking the court to “direct and compel the governors and Mr Wike to publish spending details of the FAAC allocations collected by their states and the FCT since 1999 including the list and locations of projects executed with the money.”
The SERAP also asked the court to “compel the governors and Mr Wike to invite the Economic and Financial Crimes Commission [EFCC] and the Independent Corrupt Practices and Other Related Offences Commission [ICPC] to probe any allegations of corruption linked to the allocations and to monitor how the money is spent.”
In the suit, the SERAP argued that, “Nigerians ought to know in what manner public funds including FAAC allocations, are spent by the governors and FCT minister.”
According to the SERAP, “Opacity in the spending of the FAAC allocations collected by the governors and Mr Wike would continue to have negative impacts on the fundamental interests of the citizens.”
According to the SERAP, “trillions of FAAC allocations received by Nigeria’s 36 states and the FCT have allegedly gone down the drain. The resulting human costs directly threaten the human rights of socially and economically vulnerable Nigerians.
“Without the information on the spending details of the FAAC allocations, Nigerians cannot follow the actions of their states and the FCT and they cannot properly fulfill their responsibilities as citizens.
“Directing and compelling the governors and FCT minister to provide the information sought and widely publish the spending details of the FAAC allocations collected by them would serve legitimate public interests.
“The failure by the governors and the FCT ministers to account for the spending of the FAAC allocations collected by them is entirely inconsistent and incompatible with the Nigerian Constitution 1999 [as amended] and the country’s international anti-corruption obligations.”
The suit filed on behalf of the SERAP by its lawyers Kolawole Oluwadare, Kehinde Oyewumi and Andrew Nwankwo.
No date has been fixed for the hearing of the suit.
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