As the 10th National Assembly considers welfare matters preceding the serious business of lawmaking, one issue agitating the public and which needs to be resolved is whether the 14 former governors who have been elected into the Senate should enjoy the perks of office like other lawmakers. The argument is that former governors are already enjoying retirement benefits in their states. Upon leaving office, most of them initiated outrageous retirement benefits for themselves after serving for eight years or four. Indeed, is it justifiable for governors to award themselves big pensions and other big allowances after serving for only eight or four years; and against the economic adversity prevalent in their states and being borne by the ordinary citizens?
Some former governors have awarded to themselves 100 per cent of annual basic salaries of incumbent governors of their state; two vehicles costing not less than N20 million, and two drivers; cooks, stewards, and gardeners to be paid by the state; as well as three police officers, and two SSS operatives. Others give to themselves one duplex worth N300 million anywhere in the country. They also enjoy free medical service within and outside the county, together with their families. Their deputies are entitled to similar benefits, including percentages of their salaries for periodic housing, vehicle maintenance as well as entertainment and utility. Not less than 20 former governors are currently drawing these pensions and largess.
Initial protest by the civil society and members of the public against the insensitive retirement benefits awarded by ex-governors to themselves may have waned, but the debate has not gone away, as operation of the scheme in the states is cloaked in darkness and opacity. While some governors are quietly savouring these benefits, a few have confessed their distaste for it, either due to public pressure on their consciences or a craving to climb on a higher moral pedestal. In all, there is a lack of transparency in the disbursement of the scheme, a situation that prompted the Socio-Economic Rights and Accountability Project (SERAP) to again demand that the President of the Senate Godswill Akpabio and 13 ex-governors, who are lounging in the Senate, should disclose details of their retirement entitlements. The civil society body is asking to know how much of life pensions the ex-governors have collected so far from their states, urging them to return the same to their states’ treasuries.
According to SERAP, the 1999 Constitution, as amended, in both the Fifth and Seventh Schedules, forbid public officers on retirement and enjoying life pension from public funds, from receiving other remuneration in addition to their pension. The group urged the Senate to make appropriate disclosures and cause refunds of monies taken from their states, if any, to gain public confidence. According to the body: “Nigerians expect you to act in the public interest, including ending the collection of any life pensions from your respective states and returning any such pensions that may have been collected to the treasury.
“Collecting life pensions as former governors while in the Senate would clearly violate constitutional provisions and amount to taking advantage of entrusted public positions. Ending the practice of former governors in the Senate collecting life pensions from their states would improve public confidence in the integrity and honesty of the National Assembly. It would show that the Senate can focus on serving the public interest rather than looking after themselves,” SERAP charged.
Earlier, in 2019, the Federal High Court, Lagos, had in a remarkable judgment ordered the Federal Government to “recover pensions collected by former governors now serving as ministers and members of the National Assembly, and directed 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 pension.”
Justice Oluremi Oguntoyibo had ruled in an application for an order of mandamus in a suit brought by SERAP, compelling the Attorney General to challenge the huge pension payment to former governors and public officers, while states are unable to pay pension to retired public servants.
The matter followed the invalidation of the pension law of Zamfara State, which entitled ex-governors of the state to enjoy an annual pension of N700 million in addition to other perks.
In the judgment, Justice Oguntoyibo said: “The Attorney General has argued that States’ laws duly passed cannot be challenged. With respect, I do not agree with this line of argument by the Attorney General that he cannot challenge the States’ Pension Laws for former governors.” He added that it is the duty of the Attorney General to challenge any law that is not of public interest.
Apparently, since the time of the Lagos High Court judgment, compliance by states and ex-governors has been the bone of contention; and SERAP’s current demand for fresh disclosures from Akpabio and his team is possibly a manifestation of its dissatisfaction of the official handling or mishandling of the issues surrounding the governors’ pension. It is safe to deduce that members of the public, most of whom are suffering from the government’s failure to adequately address the economy, are in support of SERAP’s advocacy.
While some Nigerians have hailed the election of former governors into the Red Chamber on account of the experience they garnered in managing states, which could be leveraged to achieve robust deliberations, others have expressed concern that former governors only go to NASS for recreation. On that count, it is hoped that their constituents will be on the look out to assess their performance and recall them when found wanting.
The major concern now is how to stop former governors from constituting a further drain on an already imperilled economy. Earning pension at home and picking salaries and allowances in the National Assembly, at a time ordinary Nigerians are being told to further tighten their belts will be the height of insensitivity. Indeed, the legitimisation of huge pension and humongous ‘retirement’ benefits for governors, who served for four or eight years, will remain questionable under the tight economic conditions of the country, coupled with the fact that public or civil servants, who served the states or the Federal Government for as many as 20 or 30 years, are having difficulty collecting their hard-earned pensions. The policies and laws supporting pensions and other huge perquisites of office for former governors ought to be seriously interrogated in the interest of the ordinary Nigerians.
Already, the cost of maintaining lawmakers is way too high when placed side-by-side salaries in the public service. It is therefore morally offensive and reprehensible for former governors not to show empathy and selflessness at this time of national austerity.
It is imperative on the Office of Attorney General of the Federation (OAGF) to take another look at the judgment of Justice Oguntoyibo, with a view to bringing a closure to it. If the judgment is not appealed, then it should be complied with and enforced promptly.
