SERAP is seeking a court order to prevent Akpabio and other senators from receiving both salaries and pensions.
The lawsuit, identified as FHC/ABJ/CS/1360/2023, was filed at the Federal High Court in Abuja by SERAP last Friday. The organization is seeking a court order to compel Akpabio, the nine senators, and Dave Umahi to cease receiving both salaries and pensions and to reimburse any pensions received to their respective state treasuries.
SERAP also seeks a court order to require these individuals to disclose if they have received or are currently receiving both salaries and pensions as former governors, as well as to reveal the specific amounts of pensions they have received.
SERAP's argument centers on the Seventh Schedule to the Nigerian Constitution 1999 (as amended), which mandates former governors to discontinue receiving both salaries and pensions. They assert that unless these reliefs are granted, former governors will continue to enjoy life pension packages while also collecting salaries as public officials, which they believe is against the public interest.
Furthermore, SERAP argues that this practice represents a fundamental breach of the former governors' fiduciary duties and goes against the UN Convention against Corruption, which requires public officials to discharge their duties truthfully and faithfully.
According to reports, there are currently fourteen former governors serving in the Senate and as ministers who may be receiving substantial pension payouts amounting to billions of naira from their respective states. The list of these former governors includes notable figures like Godswill Akpabio from Akwa-Ibom State, Adams Oshiomhole from Edo State, Adamu Aliero from Kebbi State, Dave Umahi from Ebonyi State, Aminu Tambuwal from Sokoto State, and Abubakar Sani Bello from Niger State.
Additionally, this group comprises Ibrahim Danwkambo from Gombe State, Danjuma Goje from Gombe State, Abdulaziz Yari from Zamfara State, Gbenga Daniel from Ogun State, Aliyu Wammako from Sokoto State, Orji Kalu from Abia State, Ibrahim Gaidam from Yobe State, and Seriake Dickson from Bayelsa State. Furthermore, it's reported that at least seven former governors are currently part of President Bola Tinubu's cabinet and are also allegedly receiving both salaries and pensions.
These former governors are benefiting from life pension laws in their respective states, with numerous perks and financial rewards. States implementing these life pension laws for former governors reportedly include Akwa-Ibom, Abia, Edo, Jigawa, Niger, Kebbi, Kano, Ogun, Sokoto, Cross River, Ebonyi, Enugu, Benue, Gombe, Yobe, Taraba, Kaduna, Plateau, Katsina, Rivers, and Delta.
To provide some context, under the Akwa Ibom Life Pension law, as amended, former governors are entitled to an annual payment of N200 million, two official vehicles with chauffeurs, a substantial furniture allowance, an aide, a cook, and lifetime security guards. There are also provisions for state-sponsored annual medical services, five-bedroom mansions in Abuja and Akwa Ibom, and various other benefits such as severance gratuity, car maintenance, entertainment, and utility allowances.
In Abia State, former governors are entitled to 100 percent of the salary of the incumbent, along with perks like an official car, police orderly, and allowances for household staff. Gombe State offers executive pension benefits of N300 million for ex-governors, including paid travel expenses, cars, and medical treatment, while Sokoto State provides substantial monetary benefits and domestic aides.
Similar pension laws exist in other states, offering former governors extensive privileges, including free medical treatment, housing, and vehicles, often replaceable every few years. The financial implications of these laws on state finances are significant.
Currently, there is no fixed date for the hearing of the legal suit challenging these pension practices.
In summary, SERAP is taking legal action to challenge the collection of both salaries and pensions by former governors who are now serving as senators, citing constitutional and ethical concerns.
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