SERAP Seeks Court Order to Prevent Akpabio and Others from Receiving Unlawful Salaries and Pensions

In a press statement issued by the Socio-Economic Rights and Accountability Project (SERAP), it was announced that a lawsuit has been filed against the Senate President, Godswill Akpabio, and nine other former governors in the 10th Senate. The lawsuit is in regards to their collection of both salaries and pensions as senators.

The other respondents named in the suit are Senators Abdulaziz Yari, Aminu Tambuwal, Adamu Aliero, Adams Oshiomole, Ibrahim Gaidam, Seriake Dickson, Ibrahim Dankwambo, Aliyu Wammako, Gbenga Daniel, and Minister of Works, Dave Umahi.

SERAP is seeking an order of mandamus to direct and compel the respondents to stop collecting both salaries and pensions and to return any pensions collected to their respective state treasuries. The organization argues that it is absurd for the respondents to be "looking after themselves while over 137 million Nigerians are living in extreme poverty."

SERAP also seeks an order of mandamus to compel the respondents to clarify and disclose if they have collected and/or currently collecting both salaries and pensions as former governors, as well as disclose the details and amounts of the pensions received.

The organization argues that the collection of both salaries and pensions by former governors is a violation of the Nigerian Constitution and the public trust. They state that the Seventh Schedule to the Nigerian Constitution requires former governors to stop collecting both salaries and pensions and to return any pensions collected.

SERAP believes that unless these reliefs are granted, the former governors will continue to enjoy life pension packages and collect salaries as serving public officers. They argue that this is a breach of their fiduciary duties and detrimental to the public interest.

The press statement also highlights the various benefits accrued to former governors and their deputies, including pensions, medical treatments, security, and more. SERAP believes that the collection of double emoluments by former governors is detrimental to the public interest and a breach of their fiduciary duties.

The lawsuit was filed at the Federal High Court in Abuja with the suit number FHC/ABJ/CS/1360/2023.

SERAP, a socio-economic and accountability body in Nigeria, has filed a lawsuit against the Nigerian government over the payment of life pensions to former governors. The organization argues that it is unfair for former governors to receive large severance benefits while millions of Nigerians live in extreme poverty worsened by the removal of fuel subsidy.

According to SERAP, the United Nations Convention against Corruption requires public officials to discharge their duties faithfully and truthfully. It also implicitly prohibits large severance benefits for public officials, as stated in Article 8. Additionally, the Nigerian Constitution's Code of Conduct for Public Officers in the Fifth Schedule, Part 1, prohibits public officers from receiving emoluments from multiple public offices at the same time.

SERAP pointed out that a previous judgment by Justice Oluremi Oguntoyinbo on November 26, 2019, declared double emoluments for former governors to be unacceptable, unconstitutional, and illegal.

The organization argues that the constitutional oath of office requires public officials, including former governors serving in the Senate or as ministers, to abstain from collecting life pensions. They claim that taking such pensions goes against the oath's requirement to uphold and defend the Constitution.

Reports suggest that there are 14 former governors currently serving in the Senate or as ministers who may be collecting pensions worth billions of naira from their respective states. The states known to implement life pensions for former governors 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.

Under the Akwa Ibom Life Pension law, as amended, former governors are entitled to an annual pay of N200 million, two official vehicles with chauffeurs, a furniture allowance of 300% of their basic salary replaceable every four years, an aide, a cook, and security guards worth N5 million per month for their lifetime. Their deputies receive N2.5 million per month for security.

SERAP believes that such pensions are excessive and go against public interest, especially in a country where a large portion of the population lives in extreme poverty. The organization is calling for the court to declare such pensions as unconstitutional and to order the recovery of public funds already given to former governors.

The lawsuit also highlights the need for public officials to promote integrity and responsibility in the management of public resources, as required by the UN Convention against Corruption. SERAP seeks to hold former governors and the Nigerian government accountable for their actions and ensure that public funds are used effectively for the benefit of the Nigerian people.

The original article discusses the excessive benefits and privileges that former governors and deputy governors receive in various states in Nigeria. These benefits include large sums of money for medical services, annual salaries, severance gratuity, car maintenance, entertainment, and utility expenses. The article highlights specific examples from states such as Abia, Gombe, Sokoto, Jigawa, and Edo, where former governors and deputy governors receive significant monetary allowances, official cars, police security, travel expenses, and other perks. The article also mentions that these benefits are funded by the state's consolidated revenue fund. The article ends by stating that no date has been set for the hearing of the lawsuit regarding these benefits.