SERAP sues Nigerian govt for contempt after failure to recover double pay from ex-governors

The Federal Government and Mr. Abubakar Malami (SAN), Attorney-General of the Federation and Minister of Justice, have been sued for contempt by the Socio-Economic Rights and Accountability Project (SERAP) for “failing to recover over N40 billion double pay and life pensions from former governors who are serving as lawmakers and ministers.”

The Federal Government was ordered in November 2019 by Justice Oluremi Oguntoyinbo of the Federal High Court in Lagos to “recover life pensions collected by former governors serving as ministers and members of the National Assembly.”

Additionally, Mr. Malami was given the mandate by Justice Oguntoyinbo to “challenge the legality of state life pension laws allowing former governors and other ex-public officials to collect such pensions.”

However, the government of President Muhammadu Buhari has failed to implement the judgment. Justice Oguntoyinbo who last month retired from the bench expressed “regret” during a valedictory court session held in her honour that the judgment has not been implemented.

She 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.”

SERAP last Friday moved to enforce the judgment by filing Form 48 contempt suit at the Federal High Court, Lagos. SERAP said: “A certified true copy of the judgment of 26 November, 2019 by Justice Oguntoyinbo has long been served on Mr Malami.”

Form 48 which is the notice of consequence of disobedience of court orders reads in part: “Unless you obey the orders of the court contained on the reverse side of this process you shall be deemed to have disobeyed the orders of the court and shall be liable to committed to prison for contempt.”

In a statement dated 7 May 2023 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said, “It’s unacceptable to take the court, which is the guardian of justice in this country, for a ride. 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.”

The statement, read in part: “Despite the service of the certified true copy of the judgment on the Attorney General of the Federation, the Buhari administration has failed and/or refused to obey it.

“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.”

Read Also: SERAP threatens Buhari with lawsuit over missing 149m barrels of crude oil

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.

“The question that comes to mind is: who should approach the Court where a particular law is not in the best interest of Nigeria as a country or National interest? Who should approach the Court where a particular law is detrimental to the interest of the country? Who should institute actions in court for the purpose of recovering public funds collected?

“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.

“SERAP has also argued that there is need to recover such public funds collected by former governors.

“Having considered all the facts presented by SERAP on the need for the suit and the Counter-Affidavit against same, I find no reason why the order of mandamus should not be granted. I am of the view that SERAP’s suit has merit.

“I believe the Attorney General can institute action in a Court of law to challenge States’ pension laws for former governors. I do not see any substance in the submissions of counsel to the Attorney General on this issue. I therefore resolve this issue against the Attorney General, in favour of SERAP. On the whole, I find no merit in the Attorney General’s preliminary objection. It is accordingly dismissed.”

Join the conversation

Opinions

Support Ripples Nigeria, hold up solutions journalism

Balanced, fearless journalism driven by data comes at huge financial costs.

As a media platform, we hold leadership accountable and will not trade the right to press freedom and free speech for a piece of cake.

If you like what we do, and are ready to uphold solutions journalism, kindly donate to the Ripples Nigeria cause.

Your support would help to ensure that citizens and institutions continue to have free access to credible and reliable information for societal development.

Donate Now