The Federal High Court in Lagos in a landmark judgment has ordered the federal government to “recover pensions collected by former governors now serving as ministers and members of the National Assembly, and directed the Attorney General of the Federation and Minister of Justice Mr Abubakar Malami, SAN to challenge the legality of states’ pension laws permitting former governors and other ex-public officials to collect such pensions.
In answering the questions, Justice Oguntoyinbo said: “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.” “SERAP has stated that since the receipt of the said letter, the Attorney General has failed, refused and/or neglected to institute appropriate legal actions to that effect. In my view, the principle of ‘demand and refusal’ has been satisfied by SERAP. I have also considered the fact that in action to protect a public right or enforce the performance of a public duty, it is the Attorney General that ought to sue.
“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.”
“Justice Oguntoyinbo’s judgment shows the urgent need for state governors in Nigeria to follow the Zamfara example by immediately abolishing the obnoxious pension laws in their states. We commend Justice Oguntoyinbo for her courage and wisdom, and urge President Muhammadu Buhari and Mr Malami to immediately obey the court orders.”
“Parties ought to be bound by the issues they formulate. They ought not to make arguments outside the issues formulated by them. The Attorney General has failed to give any reason for submitting that SERAP’s suit is incompetent.” It would be recalled that SERAP had in July 2017 requested Mr Malami to urgently institute appropriate legal action 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 seek full recovery of public funds from those involved.”
I de watch una......no be naija again?
Is better not only ministers even the all ex-governors
I yam not understanding o. Is it FGN money? pensions paid by state govts right?
It's a wonderful piece of news....my news of the week.
MBuhari will obey this court order sharp sharp...this one not RevolutionNow
Oya let's come and disobey another order
What if they've finished the money?
Oro kan baba kabiru
A Daniel has come to judgement! 'O wise and upright judge, how older art thou than thy looks?'
Another one for brolifik.
What of Tinubu? Fashola etc
Where will they start from?
SERAPNigeria Let's see if they will start with those in the Senate and the ministers
Watch out for selective recovering. They will only go for their enemies. Friends and loyalist can keep theirs.
This govt has been using 'public interest' reason to keep jailing some people...nw they have been presented with one public interest by the court the AG is reluctant to do the needful...this is Nigeria...
Wahala dey ooh
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