THE Socio-Economic Rights and Accountability Project (SERAP) has sued the Senate President, Godswill Akpabio, and nine other former governors in the 10th Senate for allegedly collecting salaries and pensions as senators.

Joined in the suit as respondents are Abdulaziz Yari, Aminu Tambuwal, Adamu Aliero, Adams Oshiomole, Ibrahim Gaidam, Seriake Dickson, Ibrahim Dankwambo, Aliyu Wammako, Gbenga Daniel.

The Minister of Works, Dave Umahi, is also joined as respondent in the suit number FHC/ABJ/CS/1360/2023 filed on Friday, October 6, at the Federal High Court in Abuja.

In a statement issued by its deputy director, Kolawole Oluwadare, on Sunday, October 8, SERAP argued that the double emoluments are a fundamental breach of their fiduciary duties and detrimental to the public interest.

It seeks an order of mandamus to direct and compel the respondents to clarify and disclose if they have collected and are collecting salaries and pensions as former governors.

A non-governmental organisation, SERAP, said it is also seeking an order of mandamus to direct and compel the respondents to stop collecting salaries and pensions and to return any allowances accumulated to their respective state treasuries.

According to the group, it is absurd for the respondents to collect double emoluments while over 137 million Nigerians live in extreme poverty, exacerbated by the removal of fuel subsidies.

“Collecting pensions as former governors and salaries while serving as public officers is a flagrant violation of the letter and spirit of the Nigerian Constitution and the public trust,” it said.

“An order of mandamus to direct and compel Mr. Akpabio, nine other senators and Mr. Umahi to disclose the details and amounts of the pensions so far received by them.”

SERAP cited that the Seventh Schedule to the Nigerian Constitution 1999 (as amended) requires the former governors to stop collecting salaries and pensions and return any collected pensions.

“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,” the group said.

The suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare and Valentina Adegoke, read in parts: “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.'”

It further stated: “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.

SERAP asserted that fourteen former governors in the Senate and as ministers 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, it stated that at least seven former governors in President Bola Tinubu’s cabinet may be collecting salaries and pensions.

SERAP pointed out that 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,” it pointed out.

Other benefits include 300 per cent of the annual basic salary as a severance gratuity, 300 per cent of the annual basic salary for ‘car maintenance’; 100 per cent of the annual basic salary for ‘entertainment’; and 100 per cent of the annual basic salary for ‘utility, SERAP said,

In Abia, a former governor is entitled to 100 per cent of the salary of the incumbent., it said, adding that benefits for former governors include an official car, a police orderly, two operatives of two policemen for the security of his house and allowances for cooks, stewards, drivers and gardeners.

“In Gombe State, there are N300 million executive pension benefits for the ex-governors. Ex-governor and deputy governor are also entitled to a 30-day paid travel expenses annually to any country of their choice alongside their wives.”

“A former governor is also entitled to two utility cars, while his deputy is entitled to one car to be replaced periodically. Both the governor, deputy governor and their wives are entitled to paid medical treatment at home or abroad,” SERAP stated.

In Sokoto State, former and deputy governors will receive N200 million and N180 million, respectively, monetisation for other entitlements, including domestic aides, accommodation and vehicles replaceable every four years.

“According to the 2013 life pension law, the pension should be charged upon the consolidated revenue fund of the state.

“Former governors and their deputies are also entitled to other privileges, such as free medical treatment anywhere for themselves, their spouses and biological children, and the payment of all their utilities,” SERAP further posited.

The group also explained that under the life pension law in Jigawa, former governors are entitled to the same salary as the incumbent: two vehicles replaceable every four years, a six-bedroom apartment, a furnished office, two personal assistants, and two drivers.

In Edo, former governors and their deputies are entitled to a house in any location of their choice, pension for life at 100 per cent of their last salary, three brand new cars after five years, drivers, domestic members of staff, medical bills for them and their immediate families, amongst many other benefits, SERAP added.

A date has yet to be fixed for the hearing of the suit.

In a February 28, 2023 report, The ICIR beamed its searchlight on the National Assembly as becoming a retirement home for former governors who rode on the power of incumbency to win elections into the red and green legislative chambers.