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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

NiMet Warns Of Flash Flooding In 19 States

Published

14 hours ago

May 8, 2026

Editor

The Nigerian Meteorological Agency (NiMet) has warned that 19 states across the country may experience flash flooding.

In an advisory issued yesterday, NiMet said increased surface runoff and flash flooding could occur during heavy early rains due to dry and hardened soils that prevent water from properly soaking into the ground.

The agency listed the states likely to be affected as Zamfara, Nasarawa, Kwara, Oyo, Lagos, Ogun, Ekiti, Delta, Imo, Anambra, Enugu, Ebonyi, Akwa Ibom, Cross River, Rivers, Edo, Ondo, and Bayelsa.

NiMet said the possible impacts include flooded roads, traffic disruption, damage to homes, farmlands, and infrastructure, blocked drainage systems, power outages, telecommunication disruptions, and increased risks of injuries and water-borne diseases.

The agency advised residents to clear blocked drainage and stay updated with weather and flood alerts.

NiMet also cautioned motorists and pedestrians against driving or walking through flooded areas.

The agency asked relevant authorities and stakeholders to strengthen coordination, preparedness, and emergency response measures to reduce flood-related risks.

“An informed community is a prepared community. Know the risks and act early,” the advisory read.

The Federal Government had warned that 14,118 communities in 33 states and the Federal Capital Territory (FCT) are at risk of severe flooding in 2026.

The states include Abia, Adamawa, Anambra, Bauchi, Bayelsa, Benue, Borno, Cross River, Delta, Ebonyi, Edo, Enugu, Gombe, Imo, Jigawa, Kaduna, and Kano.

Others are Kebbi, Kogi, Kwara, Lagos, Nasarawa, Niger, Ogun, Ondo, Osun, Oyo, Plateau, Rivers, Sokoto, Taraba, Yobe, and Zamfara, and the FCT.

Meanwhile, Nimet and the National Emergency Management Agency (NEMA) have intensified efforts to improve disaster management in the country with plans to develop a national early warning system roadmap.

The move was announced yesterday during a courtesy visit by the Director General of NEMA, Zubaida Umar, to the Director General of NiMet, Charles Anosike, at the NiMet headquarters in Abuja.

Mrs Umar applauded NiMet for the timely release of the 2026 Seasonal Climate Prediction and its consistent weather forecasts, noting that the agency had recorded significant improvements under Prof. Anosike’s leadership.

News

‘Nothing New’ – Wike Defends Houses For Judges, Dismisses NBA Criticism

Published

15 hours ago

May 8, 2026

Editor

Federal Capital Territory, FCT, Minister, Nyesom Wike, on Friday defended the construction of houses for judges and justices in Abuja, dismissing concerns that the projects could compromise the independence of the judiciary.

Wike spoke after inspecting ongoing judicial infrastructure projects, including judges’ residences, the Court of Appeal Abuja Division and proposed residential projects for judges of the Industrial Court and the Code of Conduct Tribunal.

The minister’s remarks followed criticisms reportedly raised by the Nigerian Bar Association (NBA) over executive involvement in the provision of infrastructure for the judiciary.

Rejecting the concerns, Wike argued that government provision of facilities for judicial officers was neither new nor a threat to judicial autonomy.

He said: “The mere fact that the executive constructs buildings does not mean it will interfere with the judiciary.

“We have built public houses for the National Assembly and for the judiciary before. The Supreme Court was built by government. So there is nothing new in this.”

Wike accused the NBA leadership of inconsistency, alleging that the association frequently sought financial support from state governments for its conferences and activities while criticising government interventions in the judiciary.

“All they are interested in is when state governments will sponsor NBA activities. If governments fund their conferences, does that mean they are no longer independent?” he queried.

He maintained that the FCT Administration would not be distracted from implementing projects designed to improve the welfare and working conditions of judges and justices.

“This is a voluntary act by government to make judicial officers comfortable and focused on their work. It is not done to erode judicial independence,” the minister added.

Wike said the projects formed part of activities lined up to mark President Bola Tinubu’s third anniversary in office.

He expressed satisfaction with the completion level of the judges’ quarters, describing the project as well executed and nearly ready for inauguration.

“We’ve seen the judges’ quarters beautiful. I’m very elated that the job was done well. The houses are well furnished and almost 99 per cent ready,” he stated.

The minister also disclosed that preparations had begun for the groundbreaking ceremony of residences for judges of the Industrial Court and the Code of Conduct Tribunal.

However, he expressed dissatisfaction with aspects of the finishing at the Court of Appeal Abuja Division project, despite its advanced stage of completion.

“Almost 90 per cent complete, but I must say it’s not the quality I expected. I have told the contractor that several errors must be corrected before inauguration,” he said.

Wike assured that the administration would continue monitoring contractors to ensure all projects are delivered according to specification and within schedule.

“All the promises that have been made, we are going to fulfil them. That is why we are going around to inspect and ensure contractors are ready,” he added.

News

LASG Fixes Dates For Public Service Exams, Releases CBT Guidelines

Published

1 day ago

May 7, 2026

Editor

The Lagos State Government, through the Ministry of Basic and Secondary Education and the Lagos State Examinations Board, has released the timetable and guidelines for the 2026 Public Service Examinations.

In a statement by the Lagos State Government, the announcement, which aligns with a prior circular from the Head of Service with Ref No: CIR/HOS/’26/005 dated January 21, 2026, sets out key instructions for candidates preparing for the exercise.

The examinations will hold between Tuesday, May 12 and Tuesday, May 19, 2026, at the Lagos State Public Service Staff Development Centre (PSSDC), Magodo, Lagos.

They include the Compulsory Examination for all cadres in the State Public Service, the Combined Confirmation/Promotion Examination for Clerical Officers II (CO II) and Clerical Assistants (CA), as well as the External Secretarial Examination.

According to the board, candidates are expected to begin printing their examination slips from Tuesday, May 5, 2026, through the official portal using their registration login details.

The slip will contain key information such as each candidate’s exam date and time.

“All candidates are required to present valid identification at the examination centre. Acceptable forms of identification include Staff Identity Cards, National Identification Number (NIN) slips, and Lagos State Residents Registration Agency (LASRRA) cards,” the statement said.

Candidates are also required to bring printed copies of their examination slips to the venue and must strictly follow the date and time allocated to them.

The board further advised candidates to acquaint themselves with basic computer skills ahead of the exercise, as the examinations will be conducted using a Computer-Based Test, CBT, format.

It also warned that dressing must be formal, adding that inappropriate dressing will not be allowed at the examination centre.

Candidates were urged to comply fully with all instructions to ensure a smooth and orderly process.

“The Lagos State Examinations Board urges all candidates to comply fully with these guidelines to ensure a smooth and orderly examination process,” the statement added.