The Socio-Economic Rights and Accountability Project (SERAP) has called upon President Bola Tinubu to publicly instruct former governors, who are currently acting as ministers in his administration, to cease receiving life pensions, luxury cars, and additional benefits from their respective states while serving in ministerial roles.
SERAP has appealed to him to direct these former governors to promptly reimburse any pensions and allowances they may have received since leaving office back to the public treasury.
The listed ex-governors who now hold ministerial positions in the Tinubu administration are: Badaru Abubakar, Nyesom Wike, Bello Matawalle, Adegboyega Oyetola, and David Umahi. Others include: Simon Lalong, Atiku Bagudu, and Ibrahim Geidam.
In a letter dated August 19, 2023, signed by SERAP's deputy director Kolawole Oluwadare, the organization asserts that the appointment of former governors who continue to collect life pensions while serving as ministers goes against the implicit prohibitions of the Nigerian Constitution of 1999 and the country's international legal obligations.
SERAP highlights that discontinuing these practices would align with the public interest, particularly in light of the severe economic challenges currently faced by the nation.
The letter underscores the importance of ensuring that appointed ministers' behavior, integrity, and honesty reflect positively on the government, as their conduct significantly influences the overall success of the administration. It also points out the contradiction where many pensioners struggle to receive their pensions, while former governors-turned-ministers enjoy substantial severance benefits upon leaving office and potentially double emoluments.
The organization requests that these measures be taken within 7 days of the receipt or publication of the letter, and states that if there is no response, SERAP may resort to legal actions to compel compliance with the request in the interest of the public.
SERAP emphasizes that the exercise of presidential appointment power should adhere to ethical, constitutional safeguards, and principles of integrity and honesty. Stopping the former governors from receiving double emoluments and life pensions would align with the proper exercise of the constitutional power to appoint ministers.
The letter also points out the broader societal benefits of stopping these practices, ensuring that the country's resources are used for the greater good rather than catering to the lavish lifestyles of a few politicians. It suggests that instructing former governors to stop collecting life pensions would enhance public confidence in the government's integrity.
The letter cites the constitutional oath of office, which obliges public officials to abstain from actions inconsistent with the public trust and overall objectives of the Constitution, indicating that the actions of appointed ministers reflect upon the presidency.
The document lists the ex-governors who are currently ministers in the administration and highlights that several states implementing life pensions for former governors are facing financial challenges and have unpaid salaries.
The letter cites various provisions within these pension laws, including provisions for multiple cars, valuable properties, access to medical care, and even provisions for staff, and points out that these privileges stand in contrast to the financial hardships faced by many citizens.
SERAP draws attention to President Tinubu's commitment to uphold the rule of law, fairness, equity, and impartial governance as indicated in his inaugural speech. The letter stresses that these commitments align with his constitutional duties and obligations, including the need to appoint ministers whose conduct is consistent with constitutional and international legal requirements.
The organization emphasizes that these provisions also require instructing former governors to cease collecting life pensions and return any received pensions to the public treasury.
The letter highlights the legal obligations under the UN Convention against Corruption, which necessitate the discharge of public duties faithfully and truthfully. It contends that life pensions for former governors serving as ministers are inconsistent with the Nigerian Constitution and obligations under the convention.
It cites a judgment by Justice Oluremi Oguntoyinbo in November 2019, which deemed double emoluments for ex-governors unconstitutional and illegal, and asserts that the act of collecting life pensions while serving as ministers constitutes taking advantage of entrusted public positions.
The letter explains that "public function" should serve the public interest, and collecting life pensions as former governors serving as ministers is contrary to this and is detrimental to the public interest.
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