The organisation recalled that in 2017, it filed a suit seeking the repeal of pensions for former governors and their deputies across all states of the Federation.
In 2019, Justice Oluremi Oguntoyinbo of a Federal High Court in Ikoyi, Lagos State, ordered the Federal Government to recover pensions collected by former governors serving as ministers and members of the National Assembly.
The ruling, SERAP said, was “blatantly” turned down by former President Muhammadu Bahari-led administration.
However, the organisation stated in a letter dated March 23 and signed by the deputy director, Kolawole Oluwadare; a copy of which was made available to PUNCH Online on Sunday, March 24, that Tinubu should follow the footsteps of Abia State Governor, Alex Otti.
On March 21, Otti signed the Abia State of Nigeria Governors and Deputy Governors Pension Repeal Law of 2024, which prohibited former governors and deputies in the state from receiving pension payments.
On his Friday visit to the governor’s country home in Nvosi, Isiala Ngwa South Local Government Area of the state, former President Olusegun Obasanjo described the pension payments as outrageous and a daylight robbery.
In its statement, SERAP urged Tinubu “to emulate the good example of Governor Alex Otti of Abia State by immediately obeying the judgment ordering the Federal Government to recover pensions collected by former governors, and to challenge the legality of states’ pension laws permitting those involved to collect such outrageous pensions.”
The organisation said, “We urge you to emulate the good example of Governor Otti by urgently obeying the judgment, something which former President Muhammadu Buhari blatantly failed to do.
“The judgment, dated 26 November, 2019 was delivered by Honourable Justice Oluremi Oguntoyinbo following a suit by SERAP.
“Unless the judgment is immediately obeyed, former governors and their deputies including those now serving as ministers in your administration and members of the National Assembly who receive pensions would continue to evade justice for their actions.”
SERAP noted that “immediately obeying the judgment would show the sovereignty of the rule of law in Nigeria and go a long way in protecting the integrity of the country’s legal system.
“Obeying the judgment would also show you as a defender of the Nigerian Constitution of 1999 (as amended), the rule of law, and public interest within government.
“Nigeria’s democracy needs courts so that public officials and private actors including former governors and their deputies collecting life pensions, exotic cars and other allowances from their states can be held accountable for any infraction of Nigerian laws.”
“Mr. Buhari turned a blind eye to the judgment. State governors have failed to provide names of former governors and their deputies who have collected and continue to collect pensions from their states and the amount so far spent on these ex-officials.”
The organisation noted that the court judgment had “pointed the way for your government to provide the leadership to ensure the reform of pension laws allowing former governors and their deputies to collect lifetime salaries and allowances. It is now time for your government to restore the rule of law systemically.
“Like pension laws of several states, the repealed Abia state pension law stipulated that former Abia governors and deputies are entitled to 100 per cent of the annual basic salaries of the incumbent governor and deputy; their cooks, stewards, drivers, and gardeners are to be paid by the state; and are entitled to three police officers and two operatives of the Department of State Services (DSS).”
SERAP recalled Justice Oguntoyinbo saying, ‘I remember with pride my landmark judgment in SERAP vs. The Attorney-General. Regrettably, that order is yet to be obeyed. I find it very disappointing that Court orders are often not obeyed. If there’s anything I wish to change, it is the impunity towards judicial decisions and the disrespect for the bench.”
“Immediately obeying the judgment would demonstrate your oft-repeated commitment to the rule of law, and respect for the judiciary as the guardian of justice in this country. A democratic state based on the rule of law cannot exist or function, if the government routinely ignores and/or fails to abide by court orders,” it urged Tinubu.
SERAP said it was concerned that “while many Nigerian workers and pensioners have not been paid by state governors for several months and struggle to make ends meet, former governors continue to collect double emoluments and enjoy opulent lifestyles.”
The statement added, “According to our information, those who are reportedly receiving double emoluments and large severance benefits from their states include: Godswill Akpabio (Akwa Ibom); Rabiu Musa Kwankwaso (Kano); Kabiru Gaya (Kano); Theodore Orji (Abia).
“Others are Abdullahi Adamu (Nasarawa); Sam Egwu (Ebonyi); Shaaba Lafiagi (Kwara); Joshua Dariye (Plateau), and Jonah Jang (Plateau).”
“At least 22 states starting from Lagos State have reportedly passed life pensions laws for former governors and other ex-public officials. Other states include Akwa Ibom; Edo; Delta; Ekiti; Kano; Gombe; Yobe; Borno; Bauchi; Abia; Imo; Bayelsa; Oyo; Osun; Kwara; Ondo; Ebonyi; Rivers; Niger; Kogi; and Katsina,” it added.