For 21 states with pension laws stipulating post-office benefits running into billions of naira for their former governors and deputies, it was a sigh of relief wednesday as the
The court, presided over by Justice
A total of 21 states had at various times promulgated pension laws allocating huge benefits to their former governors despite public objection. They are
Immediately affected by the order are five ministers in the cabinet of President
The ministers are Mr.
The senators caught by the judgment are
Although it was not clear at press time, how many of the ministers and senators affected by the judgement had started drawing the benefits as a couple of them just exited from office in May, Fashola, Sylva and Aregbesola had explained in the past that they were not drawing any post-office benefits from their state's coffers.
Generally, the pension laws differ from state to state with some of them prescribing 100 per cent of the basic salaries of the incumbents as entitlements of their predecessors.
However, many of them make provision for generous welfare packages for the former governors.
For example, the Akwa Ibom State pension law, enacted in 1998, provides free medical treatment, with no cap for expenses, for ex-governors, their spouses, ex-deputy governors and their spouses. However, the law was later amended to cap the medical fees at N100 million for a former governor and spouse and N30 million for a former deputy governor and spouse.
Both former governors and their deputies are also entitled to 100 per cent of their annual basic salary as well as one house not below 5-bedroom building in either
Like Akwa Ibom State, a former governor and deputy in
It has provision for six new cars every three years for a former governor as well as houses in
Also, a former governor and his immediate family are entitled to free medical with no cap and 300 per cent of annual basic salary every two years as furniture allowance.
A similar law in Rivers State, which was passed in 2012, prescribes that a former governor is entitled to one house anywhere in
The Gombe State version titled "Executive Pension Law, 2008," provided a monthly salary for life for all former governors and deputy governors, at the rate equivalent to their salary when they were in office, among others.
In the judgment,
The judge also said: "The question that comes to mind is: who should approach the court where a particular law is not in the best interest of
In answering the questions,
She adjourned the suit to
She ruled: "I resolve this issue against the Attorney General, in favour of SERAP. I hold that the motion on notice for mandamus dated
"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."
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.
SERAP had in
Lawyers Disagree over Judgment
Senior Advocates of
The two senior lawyers who spoke with THISDAY were Chief Mike Ozekhome and Mr.
While Ozekhome said it was a welcome relief, Raji raised certain posers that he felt must first be resolved to get a proper position on the issue.
Ozekhome stated that all the allowances received by the former governors must be recovered because they are daily fleecing the country and their states.
He said the judgment would sanitise the heavily fouled and putrid political environment.
The senior lawyer stated the judgment has opened up new vistas and re-jigged the weak moral fabric with which politicians' garments of public service is sewn.
"They behave as if they are God's gift to mankind. These humongous and heartless severance allowances, pensions and gratuities are running into billions of naira," he said.
He called on state Houses of Assembly to emulate the Zamfara State House of Assembly and Governor Bello Matawalle by repealing their pension laws, describing them as obnoxious.
But in his reaction Raji raised certain posers that he felt must first be resolved to get a proper position on the issue, first among which is the issue of fair hearing.
Raji sought to know if the affected persons were made parties in the suit.
Secondly, he asked if the monies paid to the beneficiaries were in line with an extant law.
He also wondered whether the
"Were the affected persons, parties to the case and were they heard? If they were not heard can the judgment be enforced against them?" He asked.
He further wondered if the
"If such payment were made pursuant to an existing law did the judge nullify those laws or directed the various state Houses of Assembly to revoke or amend or cancel the laws."
He cited the case of Zamfara State where he said the state assembly had already repealed a law that placed past governors on pension and other allowances.
While noting that
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