Last year, Socio-Economic Rights and Accountability Project (SERAP) was on the neck of Abubakar Malami, SAN, the Attorney-General of the Federation and Minister of Justice by pushing him to institute legal action to recover over N40 billion dubiously earned in double payment, by former Nigerian state governors, who are now either senators or ministers.
SERAP made the appeal in an open letter to Malami, saying the former governors and their deputies are drawing the dubious payments based on retirement and pension laws crafted by them while in office.
It alleged that Senate President Dr. Bukola Saraki (Kwara); Senator Rabiu Musa Kwankwaso (Kano); Kabiru Gaya (Kano); Godswill Akpabio (Akwa Ibom); Theodore Orji (Abia); Abdullahi Adamu (Nasarawa); Sam Egwu (Ebonyi); Shaaba Lafiagi (Kwara), are among former governors receiving double emoluments and large severance benefits from their states.
Others mentioned were Joshua Dariye (Plateau), Jonah Jang (Plateau), Ahmed Sani Yarima (Zamfara); Danjuma Goje (Gombe); Bukar Abba Ibrahim (Yobe); Adamu Aliero (Kebbi); George Akume (Benue); Ms Biodun Olujimi (Ekiti); Enyinaya Harcourt Abaribe (Abia); Rotimi Amaechi (Rivers), Kayode Fayemi (Ekiti); Chris Ngige (Anambra); and Babatunde Fashola (Lagos).
SERAP urged Malami to use his “good offices as a defender of public interest” 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.”
The organisation also asked Malami to “seek full recovery of over N40 billion of public funds that have so far been received from those involved; and to begin to take these steps within seven days of the receipt and/or publication of this letter, failing which SERAP will institute legal proceedings to compel the discharge of constitutional duty and full compliance with Nigeria’s international anti-corruption obligations and commitments.”
In the letter dated 14 July 2017 and signed by SERAP executive director Adetokunbo Mumuni, the organisation said that, “Public interest is not well served when government officials such as former governors, deputies supplement their emoluments in their current positions with life pensions and emoluments drawn from their states’ meagre resources, and thereby prioritising their private or personal interests over and above the greatest happiness of the greatest number.”
“SERAP considers double emoluments for serving public officials unlawful, as the laws granting those benefits take governance away from the arena of public interest, and create the impression that former governors acted contrary to the best interests of the general public. Double emoluments and large severance benefits for former governors now serving public officials constitute a blatant betrayal of public trust.”
“SERAP is concerned that several serving senators and ministers are receiving salaries and life pensions running into billions of naira from states that are currently unwilling or unable to pay their workers’ salaries. Public office is a public trust, and as such, citizens depend upon their governors, senators and ministers to act in the public interest, not for their own or another’s profit or benefit.”
“Under the UN Convention against Corruption to which Nigeria is a state party, it is forbidden for any public official to engage in self-dealing, and place him/herself in a position of conflicting interests, and to hold incompatible functions or illicitly engage in providing to him/herself emoluments deemed unacceptable under international law. This is a clear case of the former governors placing their private or personal interests over and above their entrusted public functions, and unduly influencing the level of benefits they receive.”
“SERAP argues that taking advantage of entrusted public offices and positions to enact laws to grant double emoluments and large severance benefits to serving public officials amounts to not only an abuse of office but also incorrect, dishonourable and improper performance of public functions, as per the provisions of paragraph 2 of article 8 of the convention.”
“By signing such double emoluments and large benefits laws which they knew or ought to know that they would be beneficiaries, these former governors have abused their entrusted public functions and positions, and thereby obtained an undue advantage, contrary to article 19 of the convention.”
“The double emoluments and large severance benefits laws also violate the conflicts of interest provisions of the convention. The fact that these laws are signed by former governors in the exercise of their functions as public officials and now benefiting from the entitlements under such laws while serving as senators and ministers raises serious conflict of interest issue under paragraph 5 of article 8 of the convention.”
“We believe that the current Code of Conduct for Public Officials Act is outdated and entirely inconsistent and incompatible with the object and purpose of the UN Convention against Corruption, which requires Nigeria to adopt a comprehensive code of conduct for the performance of public functions and implicitly to prohibit double emoluments and large severance benefits for public officials such as former governors.”
“SERAP notes the resolution of the UN General Assembly to the effect that every state has the duty to carry out in good faith its obligations arising from treaties and other sources of international law, and it may not invoke provisions in its constitutions or its laws as an excuse for failure to perform this duty.”
“As such, your government is mandated to challenge the legality of double and large emoluments states’ laws and bring them in line with Nigeria’s international obligations including under the convention. This position is buttressed by article 27 of the Vienna Convention on the Laws of Treaties, which provides that no state can justify the noncompliance with an international treaty with reference to internal law, including even the constitution.”
“SERAP notes that under the Lagos Pension Law a former governor will enjoy the following benefits for life: Two houses, one in Lagos and another in Abuja estimated to cost between N500m and N700m. Others are six brand new cars replaceable every three years; furniture allowance of 300 percent of annual salary to be paid every two years, and a close to N2.5m as pension (about N30m pension annually); free medicals including for his immediate families; 10 percent house maintenance; 30 percent car maintenance; 10 percent entertainment; 20 percent utility; and several domestic staff.”
“In Rivers, state law provides 100 percent of annual basic salaries for ex-governor and deputy, one residential house for former governor anywhere of his choice in Nigeria; one residential house anywhere in Rivers for the deputy, three cars for the ex-governor every four years; two cars for the deputy every four years; 300 percent of annual basic salary every four years for furniture; 10 percent of annual basic salary for house maintenance.”
“In Akwa Ibom, state law provides for N200m annual pay to ex governors, deputies; pension for life at a rate equivalent to the salary of the incumbent governor/deputy governor respectively; a new official car and utility-vehicle every four years; one personal aide and provision of adequate security; a cook, chauffeurs and security guards for the governor at a sum not exceeding N5m per month and N2.5m for the deputy governor. Others are: free medical services for governor and spouse at an amount not exceeding N100m for the governor per annum and N50m for the deputy governor; a five-bedroom mansion in Abuja and Akwa Ibom and allowance of 300 percent of annual basic salary for the deputy governor; 300 percent of annual basic salary every four years and severance gratuity.”
“Similarly, the Kano State Pension Rights of Governor and Deputy Governor Law 2007 provides for 100 percent of annual basic salaries for former governor and deputy; furnished and equipped office; a 6-bedroom house; well-furnished 4-bedroom for deputy, plus an office; free medical treatment along with immediate families within and outside Nigeria where necessary; two drivers; and a provision for a 30- day vacation within and outside Nigeria.”
“In Gombe State, there is N300 million executive pension benefits for the ex-governors. In Kwara State, the 2010 law gives a former governor two cars and a security car replaceable every three years; a well-furnished 5-bedroom duplex; 300 per cent of his salary as furniture allowance; five personal staff; three State Security Services; free medical care for the governor and the deputy; 30 percent of salary for car maintenance; 20 per cent for utility; 10 percent for entertainment; 10 per cent for house maintenance.”
“In Zamfara State, former governors receive pension for life; two personal staff; two vehicles replaceable every four years; two drivers, free medical for the former governors and deputies and their immediate families in Nigeria or abroad; a 4-bedroom house in Zamfara and an office; free telephone and 30 days paid vacation outside Nigeria. In Sokoto State, former governors and deputy governors are to receive N200m and N180m respectively being monetization for other entitlements which include domestic aides, residence and vehicles that could be renewed after every four years.”
What The Law Says
However, 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, equally 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.”
But Section 14 of the same law seemed to exempt lawmakers from the above provisions when it states: “In its application to public officers –(a) members of legislative houses shall be exempted from the Provisions of paragraph 4 of this code; and (b) the National Assembly may by law exempt any cadre of public officers from the provisions of paragraph 4 and 11 of this code if it appears to it that their position in the public service is below the rank, which it considers appropriate for the application of the provisions.”
Legal Entitlement Versus Moral Burden
There has been immense debate as to whether the Code of Conduct Bureau (CCB) Act prohibits former governors and their deputies from collecting dual remuneration simultaneously based on the above, but the matter that has become very compelling to address here is the financial dire straits, which most states are in, and which makes drawing such pensions from them akin to drawing blood from an anaemic patient.
The Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) has approved a payment of 300 per cent basic salary as severance allowances for political office holders on leaving office. But most of these rubber-stamp assemblies are goaded to approve luxurious pension packages for their former states’ helmsmen.
One of the issues, which civil society organisations feel strongly about is the penchant of the political class to earn so much that they live extravagantly, while workers in the civil service are still battling with their pathetic N18,000 minimum wage, which is grossly incapable of taking them home.
For instance, according to the RMAFC, a minister takes home an annual basic salary of N2 million; accommodation N4 million; vehicle loan N8 million; furniture allowance N6 million; utility allowance N607, 920; vehicle maintenance allowance N1.5 million; entertainment allowance N911,880 and leave allowance N202, 640.
A minister also receives N506, 600 for personal assistants; N1.5 million for domestic staff; N303,960 for newspapers and N6million as severance gratuity; N35,000 as duty tour allowance (DTA) per day. For foreign trips, a minister receives $1,000 per day.
Among other things, senators on their part earn a basic salary of N2,026,400, accommodation, motor vehicle loan (400% of their annual basic salary), motor vehicle maintenance allowance (75% of annual basic salary), furniture allowance (300% of their annual basic salary), utilities allowance (30% of their basic salary), and medical allowance.
They are also entitled to newspaper allowances, a special assistant each (between Grade Level 12 and 14), personal assistant, two legislative aides, one senior legislative aide, entertainment allowance, wardrobe allowance, constituency allowance and severance gratuity.
Few months ago, Senator Shehu Sani representing Kaduna State had told newsmen that a Senator earns about N900,000 monthly salary and N13 million as sundry expenses on a monthly basis.
(The Guardian/SERAP)
