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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 Under the repealed law, former governors and deputy governors in the state were paid lifetime salaries and got houses in Abia and Abuja.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.”
The Petroleum Products Retail Outlets Owners Association of Nigeria (PETROAN) has raised concerns over alleged monopolistic practices by Dangote Refinery, following a public dispute about fuel pricing in the downstream petroleum sector.
Recall that the refinery, Africa’s largest, recently disclosed its petrol pricing at N990 per litre in trucks and N960 per litre into ships, a move it justifies as being in line with international rates.
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PETROAN, however, sees this as an attempt to suppress competitors and dominate the Nigerian market.
The rift began when Dangote Refinery claimed that complaints from marketers regarding its pricing were fueled by intentions to import cheaper, potentially substandard products.
In response, PETROAN strongly rejected these allegations, suggesting that Dangote’s claims are tactics designed to maintain a monopoly in the sector.
Joseph Obele, PETROAN’s spokesperson, stated that the association remains committed to importing high-quality products at more competitive rates to ensure affordability for Nigerian consumers.
According to PETROAN, competition in the market is essential for achieving fair pricing, and any attempt to stifle it would be detrimental to consumers.
They argue that Dangote Refinery’s pricing should reflect production costs and fair margins rather than international benchmarks, especially given concessions granted by the government for the refinery’s establishment.
PETROAN also announced its plans to partner with foreign refineries and financial backers to import premium-quality petroleum products at prices below current rates.
The association aims to enter the market by December 2024, pending necessary regulatory approvals.
“The allegations that PETROAN will import substandard products are unfounded and aimed at creating an unfair playing field,” the statement read.
PETROAN warned that similar claims in the past had led to significant price hikes when competitors were pushed out, emphasizing that the entry of new players into the market would lead to more competitive pricing and ultimately benefit Nigerian consumers.
PETROAN expressed appreciation for President Bola Tinubu’s commitment to revitalizing Nigeria’s state-owned refineries and urged the government to consider privatizing the Port Harcourt and Warri refineries once rehabilitation is complete.
The association believes a transparent privatization process will help strengthen Nigeria’s downstream sector and counter monopolistic tendencies.
To address the ongoing pricing challenges in the sector, PETROAN called on the government to convene a comprehensive meeting of industry stakeholders, including major associations like IPMAN, DAPPMAN, MEMAN, NUPENG, and PENGASSAN.
PETROAN believes that collaboration among these groups will be instrumental in establishing a sustainable and competitive pricing framework for petroleum products in Nigeria.
Sultan of Sokoto, Sa’ad Mohammad Abubakar II, has called on Nigerians to avoid publicly criticizing their leaders, instead urging citizens to place their trust in God to address leadership concerns as He deems fit.
Speaking at the Regional Conference on Climate Change-Induced Conflicts in Northern Nigeria, organized by the Kaduna State Bureau of Interfaith in collaboration with International Alert, the Sultan emphasized faith and patience in navigating the country’s challenges.
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Acknowledging Nigeria’s current economic and social hardships, the Sultan encouraged continuous prayer, not only for the nation but for its leaders as well.
“Even though many feel times are particularly hard, we believe relief will come. Let’s increase our prayers for our leaders, trusting God to address them in His way,” he said, expressing hope that divine intervention could bring stability and prosperity.
The Sultan reminded political leaders of their ultimate accountability to God, cautioning that they will stand alone on the Day of Resurrection, with only their deeds to support them.
“On that day, every leader will stand alone. Governors, advisers—none will have support except their own deeds. Let us act with a deep sense of responsibility and fear of God,” he stated.
Addressing religious leaders, he warned against misleading their followers for personal gain, underscoring the trust many place in their religious guidance.
“Only God can save any human being,” he said, encouraging Nigerians to remain faithful and discerning in their spiritual beliefs. “Focus on worshiping Allah and leave the rest to Him. Don’t follow those who might lead you astray.”
With leaders from various religious communities, including the President of the Christian Association of Nigeria (CAN), in attendance, the Sultan called for unity, resilience, and communal effort to tackle pressing issues such as climate change, poverty, and insecurity in the northern region.
He praised the North’s history of unity and resilience, warning against divisive narratives that threaten communal harmony. “When we are united, we can face any challenge and build a prosperous community,” he asserted.
The Sultan’s remarks come amid ongoing social and environmental issues in the region, including a recent surge in climate-related challenges that have exacerbated poverty and security threats.
In light of these issues, he called on both Muslims and Christians to intensify their prayers, saying, “Our country faces many challenges, and we must turn to God in prayer. Let us intensify prayers in our mosques and churches.”
In a decisive move, President Bola Tinubu has ordered the immediate release of all minors detained by police during the recent #EndBadGovernance protests.
The directive, announced by Minister of Information and National Orientation, Mohammed Idris on Monday, underscores the government’s commitment to protecting children’s rights and ensuring justice.
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Idris confirmed that President Tinubu’s directive prioritizes the welfare of detained minors, instructing the Ministry of Humanitarian Affairs to facilitate their safe reunification with their families.
A committee led by the Ministry of Humanitarian Affairs will be established to oversee the welfare of the released minors and ensure compliance with the president’s orders.
Additionally, President Tinubu has directed a formal investigation into the actions of law enforcement agencies involved in the arrests.
The president emphasized that any misconduct uncovered during the investigation will result in disciplinary action, affirming his administration’s dedication to accountability within law enforcement.
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