Court never asked ex-govs to refund pensions, NBA official says

The Federal High Court sitting in Lagos never ordered former governors to refund pensions they collected from the states as widely reported in several quarters, a former vice president of the Nigerian Bar Association (NBA) said on Thursday.

Reports had said the court in its ruling on Wednesday had ordered state governors currently serving as ministers or members of the National Assembly to refund to the Federal Government pensions and other emoluments collected from their various states.

Monday Ubani, who was the immediate second vice president of the NBA, said what is clear from the landmark judgement delivered by the court on the suit filed by the Socio-Economic Right and Accountability Project (SERAP) is that the Attorney General of the Federation has been directed by the court through Order of Mandus to initiate court action challenging the state laws authorizing the disbursement of emoluments to ex-governors, more so when such former public officers are collecting salaries and allowances in their current positions in government.

He said the correct and plausible interpretation of that judgement is that not until the state laws are invalidated by the court in a fresh suit to be instituted by the AGF, it would be wrong to hold the view that ex-governors have been ordered to refund the emoluments they have so far collected from their states’ treasury as a result of the laws their states Houses of Assemblies had previously enacted.

Those laws, according to him, must first and foremost be invalidated by a court of law.

He said: “It is hoped that the Attorney General of the Federation will comply with the judgement of the court and institute the said action and let us see whether the laws can be invalidated by the court, after which the issue of refund will be resolved on whether such is possible and practicable.

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“It promises to be an interesting case whenever the Attorney General of the Federation commences it. However, I am of the firm view that the most practicable way to stop the payments to the Ex Governors is to request the various States Houses of Assemblies where such laws have been enacted to annul such laws by following the recent example of Zamfara State House of Assembly. It is easier and less cumbersome that way.

“Whether monies already collected could be refunded is another kettle of fish. It will throw up arguments like whether monies collected when the laws was legitimate can be refunded. As I said earlier, it promises to be an exciting case when it is eventually commenced.”

Ubani applauded the court position on locus standi which has always been a hindrance to public interest litigation.

The ex-NBA chief added: “Of utmost importance to me as public interest litigator was the robust decision of the said judgement on locus standi of SERAP on the issue. The current shift of our courts on the issue of locus standi by not allowing the restrictive and unjust application of it to impede access to justice is highly commendable.”

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