National
SERAP Wants Court To Compel Govs Declare Pension To Predecessors
Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit asking the Federal High Court, Abuja to order the 36 state governors in Nigeria to “publish details and breakdown of payment of pensions to each of the former governors and other ex-officials, and the names and number of ex-governors and other officials receiving pensions under their respective State pension laws between 1999 and 2019.”
In the suit number FHC/ABJ/CS/19/2020 filed last Friday, SERAP is seeking: “an order for leave to apply for judicial review and an order of mandamus to direct and/or compel the 36 state governors to publish names and number of former governors and other officials that have received pensions and the total amounts received between 1999 and 2019 and have at the same time served and/or serving as members of the National Assembly.”
The suit followed SERAP’s Freedom of Information (FoI) requests dated 9th December, 2019 to the governors, expressing concern that: “granting pension for life to ex-governors and other officials represents the use of public office to advance private interests, suggests the misuse of legitimate discretion for improper reasons, and has created a more cynical public view of politics and politicians.”
According to SERAP, only two governors—Delta state governor, Mr Ifeanyi Okowa and Kwara state governor, Mr Abdulrahman Abdulrazaq—have responded to its FoI requests. Although Mr Okowa directed his Head of Service to send the details requested, no information was received as at the time of filing the suit.
SERAP’s suit is coming on the heels of the landmark judgment delivered last week by Justice Oluremi Oguntoyinbo of the Federal High Court, Lagos ordering 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.
The judgment followed 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 is also seeking “a declaration that the failure of the 36 state governors to provide SERAP with the requested information on Pension Law in their respective states as requested constitutes a breach of SERAP’s right under the FoI Act, 2011, and for such further order(s) the Honourable Court may deem fit to make in the circumstances.”
No date has been fixed for the hearing of the suit.
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