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SERAP Files Contempt Suit Against FG Over Failure To Recover Double Pay From Ex-governors

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

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

However, the government of President Muhammadu Buhari has failed to implement the judgment. Justice Oguntoyinbo who last month retired from the bench expressed “regret” during a valedictory court session held in her honour that the judgment has not been implemented.

She stated: “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.”

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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.”

READ ALSO: Elections: Probe Attack On Obi, SERAP Tells Buhari

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.”

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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.”

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.”

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It would be recalled that SERAP had in July 2017 requested Mr 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.”

SERAP’s letter to Mr Malami read in part: “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); Abdullahi Adamu (Nasarawa); Sam Egwu (Ebonyi); Shaaba Lafiagi (Kwara); Joshua Dariye (Plateau), and Jonah Jang (Plateau).”

READ ALSO: Probe Missing 149m Barrels Of Crude Oil In 2019 Or Face Legal Action, SERAP Tells Buhari

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“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.”

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?

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“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.”

“SERAP has also argued that there is need to recover such public funds collected by former governors.”

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“Having considered all the facts presented by SERAP on the need for the suit and the Counter-Affidavit against same, I find no reason why the order of mandamus should not be granted. I am of the view that SERAP’s suit has merit.”

READ ALSO: Publish Campaign Funding Sources, SERAP Tells Atiku, Tinubu, Others

“I resolve this issue against the Attorney General, in favour of SERAP. I hold that the Motion of Notice for Mandamus dated 6th February 2018 and filed on 7th February 2018 has merit. It is therefore granted in the terms sought.”

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“The Attorney General is hereby directed to urgently institute appropriate legal actions to challenge the legality of states’ laws permitting former governors, who are now senators and ministers to enjoy governors’ emoluments while drawing normal salaries and allowances in their new political offices and to identify those involved and seek full recovery of public funds from the former governors.”

“I take judicial notice of the essence of the creation of SERAP. I believe that SERAP has the locus standi to bring this suit. More so, this is a constitutional matter. In constitutional matters, the requirement of locus standi becomes unnecessary to a great extent as it may merely impede judicial function. This issue is therefore resolved against the Attorney General, in favour of SERAP.”

“SERAP is seeking an order of mandamus to compel the Attorney General to file action to challenge States’ pension laws for former governors and recover public funds collected by them in the public interest, since the Attorney General has failed/neglected to institute such action. That is the essence of SERAP’s suit.”

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“I believe the Attorney General can institute action in a Court of law to challenge States’ pension laws for former governors. I do not see any substance in the submissions of counsel to the Attorney General on this issue. I therefore resolve this issue against the Attorney General, in favour of SERAP. On the whole, I find no merit in the Attorney General’s preliminary objection. It is accordingly dismissed.”

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Smokers Risk Cardiac Arrest, Expert Warns

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A Professor of Cardiothoracic Surgery, in the department of surgery, Faculty of Clinical Sciences, College of Health Sciences, University of Uyo, Prof Eyo Ekpe has warned cigarettes smokers and patients with diabetes to take adequate of their chest in order not to fall a victim of cardiac arrest .

He said that these health conditions trigger certain types of abnormal heartbeats called arrhythmias responsible for sudden cardiac arrest.

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Professor Ekpe gave the warning on Wednesday while delivering the 117th Inaugural Lecturer of the University of Uyo, titled “My Chest! My Chest!! My Chest!!!: Relieving Chest Pain, Preventing Death and Restoring Health”

He disclosed that many Nigerians have died for ignoring cardiac arrest triggers, preventing them, or seeking late medical attention to chest related ailments.

READ ALSO:Tobacco Kills 1.3 Million Non-smokers Yearly — WHO

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Chest pain should not be ignored. Symptom of chest pain that is reported early would afford the clinician the opportunity to obtain adequate medical history from the person, medically examine the person thoroughly, optimally conduct the necessary laboratory tests to unravel the cause, and apply an evidence based treatment modality to relieve the chest pain, prevent death and restore heath.

“People should guard their heart diligently to prevent heart attack. Cigarette should not be smoked, high blood pressure should be prevented or controlled, diabetes mellitus should be prevented or controlled, and high blood cholesterol and lipoprotein should be prevented or controlled. A culture of regular physical exercise must be intentionally domesticated.

“People should guard their heart diligently to prevent cardiac arrest. Causes and triggers of arrhythmias should be prevented by preventing stress, hypertension, diabetes mellitus, obesity, coronary artery disease and electrolyte disorders, and avoiding cigarette smoking and alcohol abuse,” he stated.

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READ ALSO:Marijuana Smokers Prone To Head, Neck Cancers — Study

Ekpe said medical consultation for chest problems should be with qualified medical doctors to avoid misdiagnosis, wrong treatment and complications, adding that regular medical checks and timely reports of symptoms of ailments must be prioritised.

Safe-driving habit and road safety must be taken as a serious business. Seat restrained-belt should be used by all occupants of moving vehicles.

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“Bicycles, motorcycles and tricycles should not ply traffic-congested roads. All victims of chest pain and chest injuries must be attended to by qualified medical doctors in a timely manner,” he advised.

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FirstBank’s Digital Banking Channels Suffers Downtime

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FirstBank has suffered a temporary disruption to its major digital banking channels, which will prevent some customers from completing transactions.

In a notice issued on Thursday, the bank said the downtime is affecting services on FirstMobile, FirstOnline, and its *894# USSD platforms.

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“Please be informed that we are currently experiencing some downtime affecting transactions to other banks on FirstMobile, FirstOnline, and USSD platforms. Customers may therefore experience delayed or declined transactions,” the circular read.

READ ALSO:Sterling Bank Unveils First 30 Beneficiaries Of N2bn Scholarship

The bank apologised for the inconvenience and assured customers that its technical team, working with partner service providers, is making every effort to restore full services as quickly as possible.

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The disruption occurred less than two months after FirstBank introduced facial biometric authentication on its FirstMobile app, designed to enhance the customer experience and security.

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JUST IN: Tinubu Begins 10-day Vacation, Departs Abuja For Europe

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President Bola Tinubu on Thursday commenced a 10-day vacation as part of his 2025 annual leave, the Presidency announced.

According to a statement signed by his Special Adviser on Information and Strategy, Bayo Onanuga, the President will spend the 10-working-day vacation between France and the United Kingdom, after which he will return to Nigeria.

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READ ALSO:Tinubu Orders Mandatory Health Insurance Across Ministries, Agencies

Onanuga said, “President Bola Ahmed Tinubu will depart Abuja today, September 4, to commence a working vacation in Europe, as part of his 2025 annual leave.

“The vacation will last 10 working days.

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“President Tinubu will spend the period between France and the UK and then return to the country.”

Details later…

 

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