Vomit the pension

Court’s order on ex-governors collecting both salaries and pension as senators and ministers is welcome

THE order of mandamus made by Justice Oluremi Oguntoyinbo of the Federal High Court, directing the Attorney General of the Federation (AGF), to recover the pension received by former state governors, who were also paid salaries as ministers and senators, is a landmark judgment. We applaud the reasoning of Justice Oguntoyinbo, and urge the AGF to obey the lawful order of the court. The president, who swore to uphold the constitution, owes responsibility to ensure compliance by the AGF.

We have railed at the unconscionable conducts of political office holders, both in the executive and legislature with little effect. One of such prolonged abuse is the unconstitutional emoluments appropriated by the National Assembly for its members. So, now that a court of competent jurisdiction has held as unlawful the double emoluments by former governors now serving as ministers and senators, we hope there will be consequences for the illegal acts of our public officials.

Justice Oguntoyinbo in her judgment, decried the practice where those who are presently in office as senators and ministers draw normal salaries and allowances in their new political offices, despite the heavy severance packages and pension they also take home as former governors. We agree totally with the learned judge, and urge those involved to vomit what they have illegally taken from the government purse, otherwise they should be forced by the court to vomit same.

The court made the order in a suit filed by the Social-Economic Rights and Accountability Project (SERAP), seeking to stop double emoluments for former governors. The court found that before approaching the court, SERAP requested the AGF “to institute appropriate legal actions to challenge the legality of states’ laws permitting former governors, who are now senators and ministers, to enjoy governors’ emoluments while drawing normal salaries and allowances in their new political offices and to seek full recovery of funds from those involved.”

The court agreed with SERAP that the AGF has the constitutional responsibility to ensure obedience to the laws of the federation, and we agree with that erudite decision. In furtherance of that duty, the court held: “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.” We condemn the lukewarm attitude of most federal and state attorneys general to public interest litigation, which they usually oppose when filed by private persons on the principle of locus standi.

In the report sent to the AGF, SERAP listed those who allegedly received double emoluments and large severance pay to include Rabiu Kwankwaso, Kabiru Gaya, Godswill Akpabio, Orji Uzor Kalu, Theodore Orji, Abdullahi Adamu, Sam Egwu, Shaaba Lafiagi, Joshua Dariye, Jonah Jang, Ahmed Sani Yerima, Danjuma Goje, Buka Abba Ibrahim, Adamu Aliero, George Akume and Rotimi Amaechi, amongst others. Others like Dr. Chris Ngige, Babatunde Fashola, Kayode Fayemi and Dr Bukola Saraki denied receiving double pay, at any time. Recognising the need for fairness, the court ordered the AGF to institute necessary proceedings and report compliance by February 3, 2020.

The duty of ensuring that public officials don’t take our country for a ride is fundamental to the entrenchment of the principle of rule of law. In justifying the order made by the court, His Lordship held: “the principle of ‘demand and refusal’ has been satisfied by SERAP. I have also considered the fact that in action to protect a public right or performance of a public duty, it is the attorney-general that ought to sue.” We have previously argued here for the AGF to be independent of the executive arm of government, to ensure his office defends the constitution without fear or favour.

While our constitution does not provide complete autonomy for the attorneys general of the federation and the states, it however made an unequivocal statement about their responsibility. Section 150(1) of the 1999 constitution as amended, provides with regards to the AGF: “There shall be an Attorney-General of the Federation who shall be the chief law officer of the federation and a Minister of the Government of the federation.” Similar provision is made by section 195(1) with respect to the states of the federation.

We consider it abnormal that the chief law officer of the federation would be aloof while the country’s laws are being broken. Now that a court of competent jurisdiction has given him a marching order, the AGF should obey. As directed, the AGF is: “to identify those involved and seek full recovery of public funds from the former governors.”