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The Socio-Economic Rights and Accountability Project (SERAP) has called upon President Bola Tinubu to openly direct former governors, currently holding ministerial positions in his administration, to cease receiving life pensions, luxurious vehicles, and additional allowances from their respective states.
SERAP has called upon him to “direct the former governors to promptly reimburse any pension and allowances they might have received subsequent to their departure from office, back to the national treasury.”
This assertion was conveyed through an official statement on Sunday, as authenticated by Kolawole Oluwadare, the Deputy Director of SERAP.
The ex-governors, who now hold ministerial positions within the Tinubu administration, encompass Badaru Abubakar, Nyesom Wike, Bello Matawalle, Adegboyega Oyetola, and David Umahi. Additionally, this list extends to Simon Lalong, Atiku Bagudu, and Ibrahim Geidam.
Dated 19 August 2023, a missive signed by the Deputy Director of SERAP, Kolawole Oluwadare, has emphasized: “The appointment of former governors who receive lifelong pensions during their tenure as ministers contravenes the implicit provisions of the Nigerian Constitution of 1999 [as revised], along with the nation’s international legal commitments.”
SERAP stated, “Taking into account the current severe economic challenges faced by the nation, preventing former governors, who now serve as ministers in your administration, from receiving life pensions would align with the public interest.”
The communication further expressed, “The choice of ministers appointed by the president reflects not only on their personal integrity but also on the judicious exercise of presidential appointment powers, particularly if those chosen continue to draw life pensions instead of prioritizing public welfare.”
“The Nigerian populace will assess your leadership, partially based on the ethical standards, integrity, and sincerity exhibited by the ministers you select to operate within your administration. Ultimately, the effectiveness of your governance hinges on the behavior and actions of your chosen ministers.”
“While numerous retirees continue to await their rightful pension payments, it remains concerning that former governors assuming ministerial roles are granted substantial severance benefits upon departure from office. This situation raises questions about the potential for dual compensations, in addition to the already considerable privileges associated with political office.”
“We kindly request your prompt attention to the recommended actions outlined herein, to be undertaken within 7 days from the receipt and/or public dissemination of this communication. Should your response not reach us within this timeframe, SERAP is prepared to resort to appropriate legal remedies to ensure your government’s adherence to our request, all in the interest of the general public.”
“The exercise of your authority in appointing individuals should align with ethical principles, constitutional mandates, and the core values of integrity and transparency.”
“Refraining from permitting former governors to benefit from duplicated remunerations would aptly align with the responsible exercise of your constitutional prerogative in appointing ministers.”
“Ceasing the practice of former governors collecting lifelong pensions would ensure that the nation’s wealth and resources are directed towards the common welfare and advancement of socially and economically vulnerable Nigerians, rather than catering to the extravagant lifestyles of a select few politicians.
Requesting former governors who now hold ministerial positions in your government to terminate their receipt of life pensions from their respective states would additionally bolster public trust in the transparency and integrity of your administration.
The constitutional oath of office mandates that public officials refrain from any improper actions, including the acceptance of life pensions, which are incongruent with the public’s trust and the overarching principles of the Constitution. A false oath betrays truth and justice. The oath itself obliges its recipients to pledge their commitment to uphold and safeguard the Constitution.
Based on available information, the following former governors currently serve as ministers within your administration: Badaru Abubakar (ex-governor of Jigawa State and Minister of Defence); and Nyesom Wike (former governor of River State and FCT Minister).
Others among them are: Bello Matawalle (former governor of Zamfara State and Minister of State for Defence); Adegboyega Isiaka Oyetola (former governor of Osun State and Minister of Transportation); and David Umahi (Minister of Works).
Further individuals include Simon Bako Lalong (former governor of Plateau State and Minister of Labour and Employment); Atiku Bagudu (former governor of Kebbi State and Minister of Budget and Economic Planning); Ibrahim Geidam (former governor of Yobe State and Minister of Police Affairs).
The states currently enacting life pensions for former governors are reportedly Jigawa, Kebbi, Ebonyi, Yobe, and Rivers. Many of these states are struggling to meet workers’ salary payments and remain among the most impoverished in the nation.
Several of these pension laws incorporate provisions such as the allocation of six vehicles every three years, a residence in Lagos valued at N750 million, and another residence in Abuja valued at N1 billion, in addition to unrestricted medical care and pension benefits for cooks, stewards, and gardeners.
Moreover, these provisions include 100 percent annual salaries for the incumbent governor, as well as permanent security operatives and police officers assigned to former governors.
SERAP recognizes that in your inaugural address as president, you committed to governing based on ‘the principle of the rule of law, a shared sense of fairness and equity,’ ensuring that ‘Nigeria will be governed impartially according to the constitution.’
These pledges align with your legal obligations under sections 5, 130, and 147, as well as the oath of office stipulated in the Seventh Schedule to the Constitution of Nigeria 1999 (amended).
Through a comprehensive reading of these provisions, your government is legally bound to appoint as ministers former governors whose actions align fully with constitutional and international legal standards.
Furthermore, these constitutional clauses mandate you to direct former governors to discontinue the acceptance of life pensions and to reimburse any pensions already collected to the national treasury.
The nation’s international legal commitments, particularly under the UN Convention against Corruption, also enforce the obligation of public officials to fulfill their public duties honestly and responsibly.
Lifetime pensions for former governors currently in ministerial positions fundamentally contradict the Nigerian Constitution and the nation’s obligations under the UN Convention against Corruption.
In fact, Article 8, paragraph 1 of the convention requires you and your administration to champion integrity, honesty, and accountability in the management of public resources.
Additionally, Justice Oluremi Oguntoyinbo’s ruling on November 26, 2019, declared double emoluments for former governors as invalid, unconstitutional, and unlawful. In truth, former governors concurrently accepting life pensions while serving as ministers would clearly represent an exploitation of entrusted public roles.
‘Public function’ is defined by activities in the interest of the public, not against it. The purported collection of life pensions by former governors presently serving as ministers unmistakably serves private self-interest and self-dealing, counter to the public good.”
