Lukman Olabiyi
Justice Oluremi Oguntoyinbo of the  Federal High Court, Lagos has ordered the Federal Government to recover pensions collected by former governors who later serving as ministers and members of the National Assembly. 
Justice Oguntoyinbo also asked the Attorney General of the Federation and Minister of Justice Mr. Abubakar Malami, SAN to challenge the legality of states’ pension laws permitting former governors and other ex-public officials to collect such pensions.
It would be recalled that the Socio-Economic Rights and Accountability Project (SERAP)
 had in July 2017 requested  AGF to urgently institute appropriate legal action 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 public funds from those involved.
 
However, due to failure of AGF to act on the letter, SERAP instituted a suit, sought for an order of mandamus to compel AGF. 
In the suit, SERAP sought for  an order of mandamus to compel the AGF to file action to challenge States’ pension laws for former governors and recover public funds collected by them in the public interest, since the Attorney General has failed/neglected to institute such action.
 
In it opposition to the suit, AGF argued that the States’ laws duly passed could not be challenged. The minister also argued that SERAP has not shown any injury it has suffered any injury as a result of the salaries and allowances being given to former governors who are now senators.
 
In order to rule on the application, Justice Oguntoyinbo raised following  questions: “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?
And in it judgment, the court held :”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.
“It is clear from the facts of this case that SERAP had written the Attorney General 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.
“SERAP has stated that since the receipt of the said letter, the Attorney General has failed, refused and/or neglected to institute appropriate legal actions to that effect. In my view, 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 enforce the performance of a public duty, it is the Attorney General that ought to sue.
“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 resolve this issue against the Attorney General, in favour of SERAP. I hold that the Motion of Notice for Mandamus dated 6th February 2018 and filed on 7th February 2018 has merit. It is therefore granted in the terms sought.
“In other words, the Attorney General is hereby directed to urgently 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 identify those involved and seek full recovery of public funds from the former governors.
 “I take judicial notice of the essence of the creation of SERAP. I believe that SERAP has the locus standi to bring this suit. More so, this is a constitutional matter. In constitutional matters, the requirement of locus standi becomes unnecessary to a great extent as it may merely impede judicial function. This issue is therefore resolved against the Attorney General, in favour of SERAP.”
Justice Oguntoyinbo has adjourned the suit to  February 3, 2020 for hearing on report of compliance with the court orders/judgment by the Federal Government.
 
Commenting on the judgment, SERAP deputy director Kolawole Oluwadare said: “This ground-breaking judgment is a victory for Nigerian workers and pensioners who have not been paid by state governors for several months and struggle to make ends meet whilst former governors now serving as ministers and senators continue to collect double emoluments and enjoy opulent lifestyles.”
“Justice Oguntoyinbo’s judgment shows the urgent need for state governors in Nigeria to follow the Zamfara example by immediately abolishing the obnoxious pension laws in their states. We commend Justice Oguntoyinbo for her courage and wisdom, and urge President Muhammadu Buhari and Mr Malami to immediately obey the court orders.”
“This judgment should catalyse further action from the Chairman, Nigeria Governors’ Forum and Ekiti State governor Dr Kayode Fayemi to use this judgment to abolish pension law in his own state and make a clear public commitment that the Governors’ Forum under his watch will push all governors and ex-governors to abolish life pensions and return public funds collected by them before being compelled to do so.”
Femi Falana, SAN said on the judgment: “SERAP deserves the commendation of all well-meaning people that have agonised over the legalization of obscene pension package for former governors. This is one of the most patriotic public interest litigation ever undertaken in Nigeria. We call on state governors to use the judgment as the basis for formally repealing life pension laws and all other retrogressive laws without any further ado.”
At least 22 states starting from Lagos State have passed life pensions laws for former governors and other ex-public officials. Other states include Akwa Ibom; Edo; Delta; Kano; Gombe; Yobe; Borno; Bauchi; Abia; Imo; Bayelsa; Oyo; Osun; Kwara; Ondo; Ebonyi; Rivers; Niger; Kogi; and Katsina.
SERAP’s letter to AGF on need to stop the act  read in part: “According to our information, those who reportedly receive double emoluments and large severance benefits from their states include: Rabiu Musa Kwankwaso (Kano); Kabiru Gaya (Kano); Godswill Akpabio (Akwa Ibom); Theodore Orji (Abia); Abdullahi Adamu (Nasarawa); Sam Egwu (Ebonyi); Shaaba Lafiagi (Kwara); Joshua Dariye (Plateau), and Jonah Jang (Plateau).”
“Others include: Ahmed Sani Yarima (Zamfara); Danjuma Goje (Gombe); Bukar Abba Ibrahim (Yobe); Adamu Aliero (Kebbi); George Akume (Benue); and Rotimi Amaechi (Rivers).”
The judgment is coming on the heels of the invalidated pension law for former governors and other ex-public officers in Zamfara State, which provided for the upkeep of ex-governors to the tune of N700 million annually. The state has produced three former governors since 1999.