For failing to stop the life pension and other ‘retirement benefits’ of some former Governors serving as ministers in his administration, the Socio-Economic Rights and Accountability Project, SERAP, has dragged President Bola Tinubu to court.
SERAP, in a suit numbered FHC/L/CS/1855/2023 and filed last weekend by its lawyers, Kolawole Oluwadare and Andrew Nwankwo, at the Federal High Court in Lagos, seeks an order of mandamus to direct and compel Tinubu to bar the Ministers from collecting life pensions and other ‘retirement benefits’ from their respective states.
The affected ministers are: Badaru Abubakar; Nyesom Wike; Bello Matawalle; Adegboyega Oyetola; David Umahi; Simon Lalong; Atiku Bagudu and Ibrahim Geidam.
Not only that; SERAP is also seeking an order of mandamus to direct and compel Tinubu to direct the ex-governors, to forthwith, return pensions and ‘retirement benefits’ collected by them since leaving office to the public treasury.
The organisation also wants a declaration that the President’s refusal to give the order constitutes a violation of his oath of office as well as a contradiction to the oath of allegiance to the Constitution of the Federal Republic of Nigeria. .
In the case reported by The Guardian, SERAP argues that compelling and directing Tinubu to stop the erstwhile state chief executives against receiving the perks would serve the public interest, especially given the current economic realities in the country.
It insisted that their engagement as pension-receiving ministers “is an arbitrary and unlawful exercise of discretion and presidential power of appointment.”
According to SERAP, while many pensioners were not paid their entitlements, the ex-governors-turned-ministers draw huge severance benefits from the nation’s coffers.
The organisation then surmised that the Tinubu Administration owes Nigerians the constitutional and international legal obligations to stop the fraudulent payments with immediate effect.
“Constitutional oath of office requires public officials to abstain from all improper acts, including collecting ‘retirement benefits’ while serving as ministers,” SERAP maintained. “This is clearly 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.
“Stopping the former governors from collecting double emoluments would ensure that the country’s wealth and resources are used for the common good and benefit of the socially and economically vulnerable Nigerians, rather than to satisfy the opulent lifestyle of a few politicians.”