The Federal High Court in Lagos has ruled that the Socio-Economic Rights and Accountability Project (SERAP) has “sufficient interest to bring its suit to stop former governors and now serving senators and ministers from receiving double pay and life pensions, and to seek recovery of over N40 billion of public funds unduly received by these public officers.”

SERAP’s Deputy Director, Timothy Adewale, stated this in a statement, yesterday.

Justice Oluremi Oguntoyinbo stated this last Friday while granting leave in the suit number FHC/L/CS/1497/17 filed last year by SERAP, to compel the Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN), to “challenge the legality of states’ laws that allow 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 identify those involved and seek full recovery of public funds from them.”

In a considered ruling granting leave to apply for Judicial Relief, Ms. Oguntoyinbo held that “SERAP cannot be considered a meddlesome interloper or busybody in seeking to stop double pay and life pensions for former governors.”

He said all that mattered was for SERAP to show “sufficient interest in the application for leave to apply for an order of mandamus.”

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Extensively reviewing and relying on Order 34, Rules 1(1) a, 2, Rule 3 (1) and (2) of the Federal High Court (Civil Procedure) Rules 2009, and quoting from several Supreme Court Judgments, Ms. Oguntoyinbo insisted that, “the court shall not grant leave in mandamus application unless it considers that the applicant has sufficient interest in the matter to which the application relates.”

The judge stated although she was “mindful of the fact that in an application of this nature, the judge should not delve into the substance of the main issue,” she, however, ruled that “having reviewed the papers filed by SERAP, the court is satisfied that the organisation has met the criteria set by the Rules of the Court and, as such, does not consider SERAP a meddlesome interloper.”

Ms. Oguntoyinbo’s ruling followed the hearing of an argument in court on ex-parte application by SERAP’s counsel, Timothy Adewale. The case is adjourned to March 22 for the hearing of arguments on the motion on notice.

SERAP had, on October 4, 2017 filed the suit at the Federal High Court in Ikoyi, Lagos, praying the court to compel Malami to use his position as a defender of public interest to institute legal actions to stop former governors from enjoying emoluments while drawing normal salaries and allowances in their positions as senators and ministers.”

So far, Senate President, Bukola Saraki, Minister of Mines and Steel Development Kayode Fayemi, and his counterpart in the Ministry of Labour and Employment, Senator Chris Ngige and Minister of Power, Works and Housing, Babatunde Fashola have denied ever receiving double payments and retirement benefits as former governors in addition to other roles in public office.