Disclose, return pensions you collected as ex-governors or face legal action, SERAP tells Akpabio, others in 10th Senate
By Jude-Ken Ojinnaka
An internationally recognised human rights and advocacy organisation, the Socio-Economic Rights and Accountability Project (SERAP) has asked the Senate President, Godswill Akpabio and other 13 former governors in the 10th Senate to disclose the total amount of life pensions, if any, that they have received/been receiving from their states as former governors.
SERAP also asked them to without delay clarify if they have collected and/or currently collecting life pensions as former governors from their respective States.
It urged them to stop collecting any such pensions, and return the pensions collected to the treasury of their States.
SERAP threatens that if after seven days of the receipt and/or publication of this letter, and they fail to comply with the recommended measures, it will take all appropriate legal actions to compel Akpabio and other members of the Senate to comply with its request in the public interest. Currently, there are fourteen former governors in the 10th Senate.
In the letter dated June 3, 2023 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “Your constitutional oath of office, under the Seventh Schedule to the Constitution of Nigeria 1999 (as amended) requires you to publicly reject and return any pensions.”
SERAP said, “‘Public function’ means activities in the public interest, not against it. The alleged collection by former governors of life pensions from their respective states amount to private self-interest. It is also detrimental to the public interest.”
The letter, read in part: “Nigerians expect you to act in the public interest including by 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.”
“We urge you to emulate former Senate President Dr. Bukola Saraki who stopped collecting life pension as a former governor of Kwara State and described life pensions by former governors as “immoral”, following a request by SERAP.”
“We would be grateful if the recommended measures are taken within seven days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall take all appropriate legal actions to compel you and other members of the Senate to comply with our request in the public interest.”
“The country’s international legal obligations especially under the UN Convention against Corruption also impose a legal commitment on public officials including former governors in the Senate to discharge a public duty truthfully and faithfully.”
“Life pensions for former governors serving as senators are entirely inconsistent and incompatible with the constitutional oath of office and the object and purpose of the UN Convention against Corruption, which implicitly prohibits large severance benefits for public officials such as former governors.”
“The convention specifically in paragraph 1 of Article 8 requires you to promote integrity, honesty and responsibility in the management of public resources.”
“Justice Oluremi Oguntoyinbo in a judgement dated 26 November, 2019 also indicated that double emoluments for former governors are unacceptable, unconstitutional and illegal.”
“SERAP is concerned that despite receiving in recent years trillions of Naira from the federation account, several States have failed to provide access to quality education to millions of poor Nigerian children.”
“The public funds spent by these States on life pensions for former governors can be well spent to address the problem of growing rate of out-of-school children in the States governed by these former governors.”
“Constitutional oath of office requires public officials including former governors in the Senate to abstain from all improper acts, including collecting life pensions, that are inconsistent with the public trust and the overall objectives of the Constitution.”
“A false oath lacks truth and justice. The oath statements require the oath takers to commit to uphold and defend the Constitution.”
“SERAP also urges you to redirect any life pensions collected to fund and facilitate access of poor Nigerian children in your State to quality education, to reduce the number of out-of-school children.”
“According to our information, there are fourteen former governors in the 10th Senate who may be collecting life pensions running into billions of naira from their respective States. The former governors are: 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).”
“The States currently implementing life pensions for former governors reportedly include Akwa-Ibom, Abia, Edo, Jigawa, Niger, Kebbi, Kano, Sokoto, Jigawa, Cross River, Ebonyi, Enugu, Benue, Gombe, Yobe, Taraba, Kaduna, Plateau, Katsina, Rivers, and Delta. Many of these States owe workers’ salaries and remain the poorest in the country.”
“SERAP notes that 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 for ex-governors 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 percent annual basic salary as ‘severance gratuity’, 300 percent of annual basic salary for ‘car maintenance’; 100 percent of annual basic salary for ‘entertainment’; and 100 percent of annual basic salary for ‘utility.’”
“In Abia State, a former governor is entitled to 100 per cent of the salary of the incumbent. Benefits for former governors include an official car, a police orderly, two operatives of two police men for the security of his house and allowances for cooks, stewards, driver and gardener.”
“In Gombe State, there is N300 million executive pension benefits for the ex-governors. An ex-governor is also entitled to a 30-day paid travel expenses annually to any country of his choice alongside his wife, so also the deputy governor and his wife.”
“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.”
“In Sokoto State, former governors and deputy governors are to receive N200million and N180million respectively being monetization for other entitlements which include domestic aides, residential and office 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 for themselves, their spouses and biological children both within and outside the country. They are also entitled to the payment of all their utilities, such as electricity and water bills.”
“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, furnished office, two personal assistants not below Grade level 10, and two drivers.”
“In Edo State, 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.”
“Paragraph 2 (a) of the Code of Conduct for Public Officers in the Fifth Schedule, Part 1 of the Nigerian Constitution 1999 provides: ‘Without prejudice to the generality of the foregoing paragraph, 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.’”
“In the Seventh Schedule to the Nigerian Constitution, you commit to strive to “preserve the Fundamental Objectives and Directive Principles of State Policy contained in the Constitution”, (and to) perform your “functions honestly, faithfully”, to act “always in the interest of the well-being and prosperity of Nigeria”.”
“You also commit “preserve, protect and defend the Constitution of Nigeria; and abide by the Code of Conduct contained in the Fifth Schedule to the Constitution.”
“By Section 1 (1) of the Freedom of Information (FoI) Act 2011, and Article 9 of the African Charter on Human and Peoples’ Rights, SERAP is entitled as of right to request for or gain access to information, including information on details of life pensions so far received by you.”
“By Sections 2(3)(d)(V) and (4) of the FoI Act, there is a binding legal duty to ensure that documents containing information including information on details of life pensions so far received by you are widely disseminated and made readily available to members of the public through various means.”
The separate letter sent to Godswill Akpabio, also read in part: “SERAP notes that in your acceptance speech on your election as the president of the 10th Senate, you expressed the commitment to ensure that ‘our actions protect and guarantee the best and most efficient use of our national commonwealth.’”
“You also expressed commitment to put ‘the aspirations and well-being of the Nigerian people at the heart of everything we will do in this Senate,” and to provide “an uncommon leadership”, as well as ensure “efficient and ethical country.’”
