SERAP Sues FG, Malami Over Failure To Recover N40bn From Former Govs

Socio-Economic Rights and Accountability Project has filed a contempt suit against the Federal Government and Mr Abubakar Malami (SAN), Attorney-General of the Federation and Minister of Justice.

This was “for failing to recover over N40 billion double pay and life pensions from former governors who are serving as lawmakers and ministers.”

Justice Oguntoyinbo of the Federal High Court, Lagos had in November 2019 ordered the Federal Government to “recover life pensions collected by former governors serving as ministers and members of the National Assembly.”

Justice Oguntoyinbo also directed Malami to “challenge the legality of states’ life pension laws permitting former governors and other ex-public officials to collect such pensions.”

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However, the government of President Muhammadu Buhari has failed to implement the judgement.

Justice Oguntoyinbo who last month retired from the bench expressed “regret” during a valedictory court session held in her honour that the judgement has not been implemented.

SERAP last Friday moved to enforce the judgment by filing Form 48 contempt suit at the Federal High Court, Lagos. SERAP said: “A certified true copy of the judgment of 26 November, 2019 by Justice Oguntoyinbo has long been served on Mr Malami.”

Form 48 which is the notice of consequence of disobedience of court orders reads in part: “Unless you obey the orders of the court contained on the reverse side of this process you shall be deemed to have disobeyed the orders of the court and shall be liable to committed to prison for contempt.”

In a statement dated 7 May 2023 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said, “It’s unacceptable to take the court, which is the guardian of justice in this country, for a ride. 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.”

SERAP had in July 2017 requested Malami to “institute appropriate legal action to challenge the legality of state laws allowing former governors to enjoy life pensions while drawing normal salaries and allowances in their new political offices and to fully recover public funds from those involved.”

The statement, read in part: “Despite the service of the certified true copy of the judgment on the Attorney General of the Federation, the Buhari administration has failed and/or refused to obey it.

“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 20-page judgment in suit no: FHC/L/CS/1497/2017 signed by Honourable Justice Oluremi Oguntoyinbo reads in part: “The Attorney General has argued that the 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.

“The question that comes to mind is: who should approach the Court where a particular law is not in the best interest of Nigeria as a country or National interest? Who should approach the Court where a particular law is detrimental to the interest of the country? Who should institute actions in court for the purpose of recovering public funds collected?

“In my humble view, the Attorney General should be interested in the legality or validity of any law in Nigeria and how such laws affect or will affect Nigerians, being the Chief Law Officer of the Federation.

“I have considered SERAP’s arguments that it is concerned about the attendant consequences that are manifesting on the public workers and pensioners of the states who have been refused salaries and pensions running into several months on the excuse of non-availability of state resources to pay them.”

ENIGERIA NEWSPAPER