• Badaru, Oyetola, Wike top list
• CSOs insist on 2019 court ruling against state pensions for ex-governors, deputies
Barring a repeal of the pension law for former governors in their states, a total of seven serving ministers and the Secretary to Government of the Federation (SGF) shall be entitled to pension largesse worth over N2.4 billion a year.
The ex-governors-turned-ministers and beneficiaries of state pensions are: Abubakar Badaru (Jigawa State and Minister of Defence), Nyesom Wike (River State and FCT Minister), Adegboyega Isiaka Oyetola (Osun State and Minister of Marine and Blue Economy), and David Umahi (Ebonyi State and Minister of Works).”
Others are Simon Bako Lalong (Plateau State and Minister of Labour and Employment); Atiku Bagudu (Kebbi State and Minister of Budget and Economic Planning), and Ibrahim Geidam (Yobe State and Minister of Police of Affairs).
Though provisions of the pension laws vary from one state to another, each ex-governor is entitled to an average of N300 million a year, and cumulative N2.4 billion for the eight key cabinet members.
Apparently miffed by the pillage of public resources, the Civil Society Organisations (CSOs) have said it is against the spirit of good governance for ex-governors, who are receiving pensions and other allowances from their states to be drawing salaries as ministers.
Findings showed that several states, including Lagos, still have the pension law for ex-governors and their deputies active. The exceptions are Zamfara, Kwara, and Imo States.
Already, over N39 billion has been spent by 21 states that are implementing pension acts to sustain lifestyles of their 47 ex-governors in the last four years.
Zamfara State had earlier repealed the Governors Pension Act, citing that “the 1999 Constitution, as amended, stipulates that a pensioner in Nigeria must have worked for at least 10 years.”
Section 2 (a) of the Code of Conduct Bureau (CCB) law provides that a public officer shall not “receive or be paid the emoluments of any public office at the same time as he receives or is paid emoluments of any other public office; or (b) except where he is not employed on full time basis, engage or participate in the management or running of any private business, profession or trade; but nothing in this sub-paragraph shall prevent a public officer from engaging in farming.”
Another part of the law, Section 4, maintains that “A public officer shall not, after his retirement from public service and while receiving pension from public funds, accept more than one remunerative position as chairman, director or employee of – (a) a company owned or controlled by the government; or (b) any public authority, a retired public servant shall not receive any other remuneration from public funds in addition to his pension and the emolument of such one remunerative position.”
The Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) already has provision for sitting public office holders.
For instance, a minister takes home a yearly basic salary of N2 million, accommodation fee of N4 million, vehicle loan of N8 million, furniture allowance of N6 million, utility allowance of N607, 920, vehicle maintenance allowance of N1.5 million, entertainment allowance of N911, 880 and leave allowance of N202, 640.
A minister also receives N506, 600 for personal assistants, N1.5 million for domestic staff, N303, 960 for newspapers, N6 million as severance gratuity and N35, 000 as duty tour allowance (DTA) per day. For foreign trips, a minister receives $1,000 per day.
Apart from receiving salaries as a Minister of FCT, Wike by the provision of the pension law in Rivers State is entitled to three new cars every four years, free medical care (no cap) for him and his family. He is also entitled to 100 per cent of yearly basic salary of the incumbent governor, accommodation anywhere in Nigeria, and furniture of 300 per cent of yearly basic salary every four years ‘en bloc’, among others for personal staffers.
The Minister of Defence, Badaru, as a former governor of Jigawa State, is also enjoying the same salary as the incumbent, two vehicles replaceable every four years, a six-bedroom apartment, furnished office, two personal assistants, and two drivers.
“The Jigawa State ‘Former Public Officers Pension and other Benefits Law No. 15 of 2015’ stipulates that a governor, who successfully completes his term without impeachment will be entitled to a monthly pension equivalent to the current salary of the current governor, two brand new vehicles to be provided by the state government and to be replaced after every four year, six-bedroom fully furnished house, two personal assistants not below grade level 10, two drivers selected by the governor and to be paid by the state, a fully furnished office in any location of choice and fully paid medical treatment within Nigeria and abroad,” the Act read in part.
Police Affairs Minister, Gaidam, who is still enjoying the provisions of the Yobe State Pension Act signed into law in early 2007 by Bukar Abba Ibrahim, gives former governors pension for life.
According to the law, “the former governor/ deputy receives N200 million and 150 million respectively, two vehicles replaceable every four years, two drivers, free medical for the former governors/ deputies and their immediate families in Nigeria or abroad.
The Ebonyi State Political Office Holders Amendment Law, 2011 makes provision for the payment of pension to the Works Minister, Umahi. The law also made provisions for vehicles and personal aides.
“In Abia State, a former governor is entitled to 100 per cent of the salary of the incumbent, an official car, a police orderly, two operatives of two police men for the security of his house and allowances for cooks, stewards, driver and gardener.”
In Gombe State, “there is N300 million executive pension benefits for the ex-governors, a 30-day paid travel expenses yearly to any country of their choice alongside their wives, two utility cars, both the governor, deputy governor and their wives are entitled to paid medical treatment at home or abroad.”
The Secretary to the Federal Government (SGF), George Akume, is not left out as Benue State House of Assembly just passed a bill for ex-governors to be receiving N138.49 million as pension every year, a monthly ‘stipend’ equivalent to the ‘salary’ of a sitting/incumbent governor, a permanent residential accommodation, provision of four cars every four years to the ex-governors and their deputies. The cars ‘shall’ be serviced and maintained at the expense of the state.
However, a state like Gombe added 30 days yearly vacation outside Nigeria and estacode for the ex-governor and a wife. Senator Goje signed the law as the governor of the state.
The Socio-Economic Rights and Accountability Project (SERAP) that has been in the forefront of stopping pensions for the former governors had since November 26, 2019 obtained a judgment against ex-governors receiving pensions and at the same time drawing salaries, which was not implemented by the Federal Government.
Justice Oluremi Oguntoyinbo of the Federal High Court, Lagos, ruling on an application for an order of mandamus in suit number FHC/L/CS/1497/2017 brought by SERAP, had ordered the Federal Government to recover life pensions collected by former governors serving as ministers and members of the National Assembly.
SERAP had in May this year sued the Federal Government and the immediate past Attorney-General of the Federation/Minister of Justice, Abubakar Malami, for allegedly failing to recover over N40 billion pensions paid to former governors, who were lawmakers and ministers.
SERAP had also in September 2023 filed a lawsuit against Tinubu over “the failure to stop the former governors who are now serving as ministers in his administration from collecting life pensions and other ‘retirement benefits’ from their states while they serve as ministers.”
In the suit number FHC/L/CS/1855/2023 filed at the Federal High Court in Lagos, where the affected Ministers are joined as Defendants, SERAP is seeking: “an order of mandamus to direct and compel President Tinubu to instruct the former governors who are now serving as ministers to stop collecting life pension, and other ‘retirement benefits’ from their respective states.”
Speaking against double pay for the former governors, Mike Ozekhome (SAN) said it is “morally and ethically reprehensible. You are either pensioned, or you are working. You cannot be both a pensioner and an active worker simultaneously.”
He advised that former governors “must drop one income. They must forgo the pension money from their cash-strapped states, until they retire in the true sense of the word. They cannot eat their cake and have it, nor have their cake and eat it. They cannot approbate and reprobate simultaneously.”
But a Public Affairs Analyst, Segun Adegbite told The nigeriacurrently.com that it was wrong for ex-governors to draw their pensions and also collect salaries as ministers.
According to him: “Let states stop paying pensions of their former governors serving in the cabinet or in the Senate and continue after their service might have ended to avoid corruption. Most civil servants engage in corrupt practices, because of the fear of how to survive after their retirement.”
However, a civil rights advocacy group, Human Rights Writers Association of Nigeria (HURIWA), has called on the 10th National Assembly to enact a law to stop ex-governors from taking pensions while still serving at FEC.
The National Coordinator, Emmanuel Onwubiko, said it was not only criminal but gross corruption for ex-governors who are now serving as ministers to earn double pay while Nigerians are wallowing in poverty.
“It is criminal and corrupt for anyone to earn double pay and purloin the nation’s treasury funded by taxpayers’ money,” he said.
