Akpabio, Nine Other Former Governors Dragged Before Abuja Court Over Collection Of Salaries, Pensions As Senators

The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the Senate President, Godswill Akpabio and nine other former governors in the 10th Senate over their collection of both salaries and pensions as senators.

Joined in the suit as respondents are Abdulaziz Yari ( former governor of Zamfara State); Aminu Tambuwal (former governor of Sokoto State); Adamu Aliero (former governor of Kebbi State); Adams Oshiomole (former governor of Edo State); Ibrahim Gaidam (former governor of Yobe State); Seriake Dickson (former governor of Bayelsa State); Ibrahim Dankwambo (former governor of Gombe State); Aliyu Wammako (former governor of Sokoto State); Gbenga Daniel (former governor of Ogun State) and Dave Umahi (former governor of Ebonyi State).

SERAP disclosed this in a statement made available to THE WHISTLER in Lagos on Sunday.

In the suit number FHC/ABJ/CS/1360/2023 filed last Friday at the Federal High Court in Abuja, SERAP is seeking an order of mandamus to direct and compel Akpabio and other senators, including Umahi, who is currently the Minister of Works to stop collecting both salaries and pensions, and to return any pensions collected to their respective state treasuries.

The organisation is also seeking an order of mandamus to direct and compel Akpabio and other senators, including Umahi to clarify and disclose if they have collected and/or currently collecting both salaries and pensions as former governors.

SERAP is further seeking an order of mandamus to direct and compel Akpabio and others senators, including Umahi to disclose the details and amounts of the pensions so far received by them.

In the suit, SERAP is arguing that the Seventh Schedule to the Nigerian Constitution 1999 (as amended) requires the former governors to stop collecting both salaries and pensions and to return any pensions collected.

SERAP is also arguing that unless the reliefs sought are granted, the former governors would continue to both enjoy life pension packages, and collect salaries as serving public officers, and the travesty and private self-interest would continue.

According to SERAP, collecting pensions as former governors and salaries while serving as public officers is a flagrant violation of the letter and spirit of the Nigerian vonstitution, adding that it is a travesty for the former governors to be looking after themselves while over 137 million Nigerians are living in extreme poverty exacerbated by the recent removal of fuel subsidy by President Bola Tinubu’s administration.

The suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare and Valentina Adegoke, read in part: “The UN Convention against Corruption requires public officials to discharge a public duty truthfully and faithfully.

“The UN Convention also implicitly prohibits large severance benefits for public officials. The convention specifically in article 8 requires public officers to promote integrity and responsibility in the management of public resources.

“Paragraph 2 (a) of the Code of Conduct for Public Officers in the Fifth Schedule, Part 1 of the Nigerian Constitution provides in part: ‘a public officer shall not receive or be paid the emoluments of any public office at the same time as he receives or is paid the emoluments of any other public office.’

“Justice Oluremi Oguntoyinbo in a landmark judgment dated 26 November, 2019 also indicated that double emoluments for former governors are unacceptable, unconstitutional and illegal.

“Constitutional oath of office requires public officials including former governors in the Senate and serving as ministers to abstain from all improper acts, including collecting life pensions. A false oath lacks truth and justice. The oath statements require the oath takers to commit to uphold and defend the Constitution.

“According to reports, there are fourteen former governors in the Senate and as ministers who may be collecting pensions running into billions of naira from their states. The former governors include: Godswill Akpabio (Akwa-Ibom State); Adams Oshiomhole (Edo State); Adamu Aliero (Kebbi State); Dave Umahi (Ebonyi State); Aminu Tambuwal (Sokoto State); and Abubakar Sani Bello (Niger State).

“Others are: Ibrahim Danwkambo (Gombe State); Danjuma Goje (Gombe State); Abdulaziz Yari (Zamfara State); Gbenga Daniel (Ogun State); Aliyu Wammako (Sokoto State); Orji Kalu (Abia State); Ibrahim Gaidam (Yobe State); and Seriake Dickson (Bayelsa State). Also, there are at least seven former governors in President Bola Tinubu’s cabinet who may be collecting both salaries and pensions.

“The states currently implementing life pensions for former governors reportedly include Akwa-Ibom, Abia, Edo, Jigawa, Niger, Kebbi, Kano, Ogun, Sokoto, Jigawa, Cross River, Ebonyi, Enugu, Benue, Gombe, Yobe, Taraba, Kaduna, Plateau, Katsina, Rivers, and Delta.

“Under Akwa Ibom Life Pension law [as amended] a former governor is entitled to an annual pay of N200 million, two official vehicles with chauffeurs, furniture allowance of 300 per cent of basic salary replaceable every four years, an aide, a cook, and lifetime security guards worth N5 million monthly, and N2.5 million for their deputies.

“There is also state-sponsored annual medical service of about N100 million for ex-governors and their spouses and N50 million for the ex-deputy governors, five-bedroom mansions in Abuja and Akwa Ibom.

“Other benefits include: 300% annual basic salary as ‘severance gratuity’, 300% of annual basic salary for ‘car maintenance’; 100% of annual basic salary for ‘entertainment’; and 100% of annual basic salary for ‘utility.”

Meanwhile, no date has been fixed for the hearing of the suit.