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Abia repeal of life pensions for ex-govs, deputies: Matters arising (2)

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8 months ago

April 18, 2024

Abia repeal of life pensions for ex-govs, deputies: Matters arising (2)

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While most Nigerians still clink wine glasses in toast to Abia State Governor Alex Otti for belling the monstrous cat of life pensions for former governors and deputy governors, three Abia ex-governors have punctuated Dr Otti’s enviable limelight, by denying drawing pensions, and the accompanying perquisites of office.

Under the repealed law, former governors and deputies were to be paid lifetime salaries; get houses in Abia and Abuja; receive 100 per cent of annual basic salaries of the incumbent governor and deputy; get two brand-new vehicles worth N20 million every four years; and have three police officers and two operatives of the Department of State Services (DSS), and cooks, stewards, drivers, and gardeners.

The denial by immediate past Governor Okezie Ikpeazu (2015-2023) came on March 20 – a day before Otti signed into law the bill repealing the pensions. A statement by Dr Ikpeazu’s chief press secretary, Onyebuchi Ememanka, refuted reports “mischievously couched to give the false impression” that Ikpeazu’s among former governors receiving pensions from Abia State.

Ememanka stated: “Dr Okezie Ikpeazu wishes to make it abundantly clear that since after handing over the reins of power as Governor of Abia State on May 29, 2023, he has neither requested for, nor received from the Abia State Government, any dime under any guise whatsoever, and has no intentions of doing so.

“Former Governor Ikpeazu has since moved on with his life and is currently engaged in other areas of interest to him and advises the Abia State Government and her various organs to face the business of governance and desist from engaging in needless media sensationalism. The general public should be properly guided, please.”

Former Senator and ex-Governor Theodore Orji (2007-2015) also debunked claims of benefiting from the pension largesse, saying on March 21 that, “he hasn’t received any pension, he hasn’t asked for it, and he’s not interested in it.” Orji spoke via his former chief liaison officer, Hon. Ifeanyi Umere.

Umere said: “Nobody should link Senator Orji with the said pension law because nobody has paid him any pension after leaving office as Governor. He transited from Governor to Senate and he made it a point of morality that he will not, and he didn’t ask for any pension or question anybody about it because he is not interested in it. He didn’t receive any pension from Okezie Ikpeazu and he didn’t pay anybody, too.”

And Sen. and former Governor Orji Uzor Kalu (1999-2007) – whose government established the pension law in 2001 – said he didn’t receive any pensions since 2007. One of Kalu’s aides was quoted: “As a former governor of the state, T. A. Orji did not pay him (Kalu) a dime as pension, and Okezie Ikpeazu continued in the same manner.”

Recall that Dr Kalu, fielding questions from journalists at the Nnamdi Azikiwe International Airport (NAIA) in Abuja on February 20, 2017, distanced himself from the 108 ex-governors that a national daily claimed were “living off their states through pensions and other entitlements.”

As reported by Vanguard on February 21, 2017, Kalu said he hadn’t received “any payment, entitlements or privileges of any sort from his successors (Sen. Orji and Dr. Ikpeazu), adding that the Abia State government had “withheld and refused to pay his pensions and entitlements, making him the only ex-governor in the 36 states that does not receive pension.”

Kalu said on leaving government on May 29, 2007, he left behind “all the government vehicles and every other thing that belonged to the government,” and that, “none of the privileges, like security details or vehicles that accrue to former governors has been extended to him.”

Asked if he’s broke because of non-payment, and his next line of action, Kalu said: “It is not about being broke or not. The pension law of the state did not exclude me from being paid as expected. In fact, it is illegal, according to the law, to deny one his rights and privileges.”

Also reacting to the abolished pension benefits, former Deputy Governor Ude Chukwu, under the Ikpeazu regime, said: “Nobody has given me a dime. I am aware of the law. For me, it (the law) is as good as not being there. If all past governors said they have not been paid anything, what is the essence of the existence of the law?”

Relatedly, former Lagos State Governor and ex-minister of Works and Housing, Babatunde Fashola (SAN), has revealed that his monthly pension is N577,000, after eight years in office (2007-2015). Mr Fashola, appearing on ARISE TV programme, ‘Perspectives,’ on January 20, said:

“The benefit I get, I think, is a N577,000 monthly pension from Lagos State. So, in spite of all the stories that we got several billions of money (after leaving office), I’ve come out to deny that repeatedly. Well, I don’t know how long it lasts, but all I know is that I get N577,000 per month consistently,” without stating if he’d enjoyed the “full package” pre and post-effort by the Lagos State House of Assembly (LGHA) to halve the pensions in 2021.

The poser: If Otti’s predecessors in office denied receiving any pensions, why the Labour Party (LP) governor’s bravado to sign into law the pensions repeal bill passed by the Abia State House of Assembly (ABHA)? Was it to score political points by painting black Dr Ikpeazu of the Peoples Democratic Party (PDP), Sen. Orji (PDP), and Sen. Kalu of All Progressives Congress (APC)?

Perhaps, Otti wanted to fulfil a campaign promise, and guard against any governor resurrecting the dead law in future. Signing the law on March 21, Otti stated: “Even before this new law came into place, a lot of people, who have followed our views in the national discuss (discourse), understand that we were not going to continue the practice of paying pensions and allowances to this set of former government officials.”

That said, pensions for former governors and deputy governors aren’t “illegal,” as the issue is perceived in the public. What Nigerians detest and question is the morality of and insensitivity in awarding huge severance pay, lifetime pensions, allowances and material benefits to former governors and deputies.

Some former governors-turned senators or ministers also receive emoluments in a couple of places: pensions from their states, and salaries and allowances from the National Assembly (NASS) or the Executive, against the rules that exempt farming as the only avenue to possibly earn extra pay, while boosting the country’s food production and security.

In 2023, some members of NASS were enticed by the mouth-watering pension packages for federal and state executives, and proposed same for the President and Deputy President of the Senate, and Speaker and Deputy Speaker of the House of Representatives – an incentive for State Houses of Assembly to follow suit. But the bill was shot down due to public outcry.

In the oft-quoted Lagos High Court judgment of November 26, 2019, in suit no: FHC/L/CS/1497/2017, filed by Socio-Economic Rights and Accountability Project (SERAP), Justice Oluremi Oguntoyinbo queried the legality or validity of pensions for former governors and deputy governors, but pushed the burden of discovery to the Attorney General of the Federation.

Justice Oguntoyinbo had differed from the position of then Attorney General Abubakar Malami (SAN) that, “the States’ laws duly passed cannot be challenged,” and said, “I do not agree with this line of argument by the Attorney General that he cannot challenge the States’ pension laws for former governors.”

“In my humble view, the AG 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,” the judge said, and then gave the following commands:

“AN ORDER of mandamus compelling and directing the Attorney General, AG, to urgently identify former governors and their deputies collecting pensions from their states and to seek full recovery of public funds from those involved.

“AN ORDER of mandamus compelling and directing the AG to urgently institute appropriate legal actions to challenge the legality of states’ laws permitting former governors, serving as senators and ministers to enjoy governors’ emoluments while drawing normal salaries and allowances in their new political offices.”

ALSO READ: Abia repeal of life pensions for ex-govs, deputies: Matters arising (1)

Based on the orders, SERAP asked President Bola Tinubu, in a letter on March 23, “to immediately obey,” to recover pensions collected by former governors, and to challenge the legality of states’ pension laws permitting those involved to collect such “outrageous pensions.”

Equally instructive is an Appeal Court ruling, in suit no. CA/A/810/2017, against the Kogi State Government seeking pensions and severance packages in the state, which’s referenced by Alex Enumah in an opinion piece, “Pension Laws for Ex-Govs: The Abia Example,” published by THISDAY on March 31, as follows:

“The court held that the fact that elected public office holders and political appointees were paid huge amounts of money as monthly salaries and other forms of allowances while in office makes it morally wrong for them to demand pensions, gratuities or severance allowances for holding such an office for four to eight years as the case may be.

“The three-man panel of the appellate court, which had Justice Emmanuel Agim, Justice Abubakar Datti Yahaya and Justice Tinuade Akomolafe-Wilson, submitted that it amounted to gross social injustice, and unjustified in the context of the nation’s present social realities.

“The lead judgment, which was delivered by Justice Agim (now JSC), said it was wicked and morally wrong for political office holders and political appointees, who helped themselves to public funds while in office, to claim entitlement to pension and severance allowances.

“He submitted that it was wrong for political appointees and elected public office holders, who do not work as long and as hard as career civil servants to quickly get paid huge severance allowances upon leaving office, in addition to the huge wealth they acquired while holding such offices and without having been subjected to any contributory pension schemes.”

So, controversies trail pensions for former governors and deputies not for being “illegal” but because they’re overbloated, and a huge drain on the lean resources of many states, which owe months and even years of backlogs to retirees, some of who spent over 35 years in service and retired into penury, as their pensions are withheld by governors, who are “qualified” for hefty pensions and adds-on for life, and even pay themselves upfront part of the packages before they leave office.

It’s reassuring though that former Governors Ikpeazu, Orji and Kalu have denied receiving pensions, and challenged Otti’s sweeping statement that, “we were not going to continue the practice of paying pensions and allowances to this set of former government officials.” But can hundreds of other former governors – accused of drawing huge pensions and entitlements from their states – emulate the Abia trio by disavowing the allegations against them? The ball, as they say, is in their court!

* Mr Ezomon, Journalist and Media Consultant, writes from Lagos, Nigeria