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

Published

3 years ago

May 7, 2023

Editor

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.”

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.”

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.”

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.”

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).”

“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?

“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.”

“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.”

“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.”

“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.”

“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.”

News

NAF Launches Attack On Terrorists In Borno

Published

2 days ago

January 10, 2026

Editor

The Nigerian Air Force, NAF, operating as part of the joint task force of Operation Hadin Kai, has carried out a coordinated air interdiction at AbbagaJiri in the Timbuktu Triangle, Borno State.

According to Air Commodore Ehimen Ejodame, Director of Public Relations and Information of NAF, the air strikes successfully paved the way for ground troops.

He explained that the operation was based on actionable intelligence from multiple sources, which confirmed the presence of terrorists, their structures, and concealed logistics facilities in the area.

Ejodame stated that NAF air assets were deployed in integrated surveillance and precision strike roles to target identified threats.

The operation aimed to degrade terrorist capabilities, deny them sanctuary, and shape the battlefield for ground forces, all while strictly adhering to rules of engagement and protecting civilians.

He added, “The Identified terrorist structures were decisively engaged and destroyed, denying the terrorists freedom of action, while a follow-up engagement neutralised armed elements observed converging on the location.”

“Subsequent advances by ground troops into the area confirmed the effectiveness of the air strikes and validated the success of the joint air–land operation.”

Speaking on the mission, Chief of the Air Staff (CAS), Air Marshal Sunday Aneke, said, “The success of the mission reflects the NAF’s resolve to dominate the air domain in support of joint operations.”

Aneke further emphasized that the operation highlighted the service’s commitment to providing precise and decisive air power in support of ground forces.

In his words, “We will continue to deny terrorists freedom of movement, sanctuary, and logistics wherever they seek to hide. Air operations will remain relentless and intelligence-driven.”

“Our operations are carefully planned and intelligence-led, ensuring maximum effect on hostile elements while safeguarding innocent civilians.”

“The Nigerian Air Force will sustain pressure until terrorist networks are completely dismantled.”

He further noted that the operation showcased NAF’s aggressive stance, precision employment of airpower, and dedication to sustained joint operations.

Aneke added that such missions play a crucial role in enabling ground troops to maintain momentum and deliver decisive outcomes against terrorist networks threatening lives, property, and Nigeria’s national security.

News

Lagos Parks To Close For Maintenance – State Govt

Published

2 days ago

January 10, 2026

Editor

The Lagos State Parks and Gardens Agency, LASPARK, has announced that all public parks under its management across the state will be temporarily closed for routine maintenance and upgrades.

In a statement released on January 9 and shared via its official platforms early Saturday, LASPARK said, “All parks under our management will be closed to the public from January 12 to January 31, 2026.

“This follows increased visitor activity during the recent festive season.”

The agency listed several popular recreational spots that will be affected, including “Ndubisi Kanu Park, Alausa JJT Park, Dr. Finnih Abayomi Park in Oregun, and all other LASPARK-managed parks across Lagos State.”

News

PAP Sends Additional 34 Foreign Post-graduate Scholarship Beneficiaries To UK Varsities

Published

2 days ago

January 9, 2026

Editor

The Presidential Amnesty Programme (PAP) has deployed an additional 34 foreign post-graduate scholarship beneficiaries to various universities in the United Kingdom for the 2025-2026 academic year.

This was contained in a statement made available to newsmen in Warri by Mr Igoniko Oduma, Special Assistant on Media to Dr. Dennis Otuaro, the Administrator, PAP.

According to the statement, the scholars’ programmes include data science, fintech analytics, cyber security, international energy law and policy, construction project management, public health, agri-food technology, electrical and petroleum engineering, among others.

The statement added that more foreign post-graduate scholars will be sent to UK universities in the current academic session.

“In December 2025, nine students, who were the first set of offshore post-graduate scholarship developments by the PAP Administrator, Dr Dennis Otuaro, for the 2024-2025 academic year, graduated from their various programmes in UK universities.

“Otuaro has deployed over 9000 students to universities within and outside Nigeria for different industry-relevant programmes since he assumed office in March 2024,” the statement partly reads.

Speaking at the pre-departure orientation programme for the scholars at the PAP headquarters in Abuja, on Thursday, Otuaro said that the large-scale deployment was aimed at making the Niger Delta a knowledge-driven region.

He said that his leadership reinvigorated the programme to give it a new momentum in service delivery to the people of the region based on the mandate of President Bola Tinubu.

Otuaro said, “We are sending all of you for post-graduate studies in various universities in the United Kingdom.

“The PAP now has a new momentum and direction because of the repositioning and broad reforms that we carried out in line with the mandate of His Excellency, President Bola Ahmed Tinubu GCFR.

“The objective behind the huge scholarships deployment is to ensure that we develop the needed human capital to transform the Niger Delta and generate knowledge-wealth.

“We want to develop relevant manpower in critical disciplines for our region and by extension, the country, because you are expected to contribute your quota to national development after successful graduation.”

The PAP boss, who was represented at the event by his Technical Assistant, Mr Edgar Biu, advised the scholars to study hard to achieve academic excellence in their various fields of research.

According to him, the scholars have an obligation to justify the Federal Government’s investment in their education and future.

He reiterated his warning that beneficiaries should not take for granted the opportunity to further their academic pursuits in the interest of the Niger Delta and indeed the country.

Otuaro expressed appreciation to President Tinubu for his “enormous interest and support for the Programme”, particularly the approval of an upward review of the programme’s budget from N65billion to N150billion.

He also expressed gratitude to the National Security Adviser, Mallam Nuhu Ribadu, for his impeccable guidance and supervision of the programme’s initiatives.

Otuaro, therefore, cautioned the scholars to obey their host country’s laws and the rules and regulations of their various institutions, stressing that they are ambassadors of Nigeria, the Niger Delta and their communities and families.

Highpoint of the orientation programme was the presentation of laptops to the scholars to help them in their studies.