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Kanu: A/Court’s order and Malami’s pontification

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By Ehichioya Ezomon

Against the grain of widespread pleadings and expectation of concerned Nigerians, the Federal Government’s filed seven grounds of appeal to quash the October 13, 2022, Appeal Court’s judgment ordering the release of Leader of the Indigenous People of Biafra, Mazi Nnamdi Kanu.
Surely, the filing at the apex court is in keeping with the avowal of Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN), that the government would consider all available options on the judgment, and pursue the determination of pre-rendition issues.
The three Justices of the Appeal Court had “discharged and acquired” Kanu of the entire treasonable felony and terrorism charges preferred against him since 2015.
Though an Abuja Federal High Court had dismissed eight of the amended 15-count charge, the remaining seven counts before the Court of Appeal in Abuja were on the alleged abduction of Kanu from Kenya in June 2021.
The Appeal Court’s ruling says: “By engaging in utter unlawful and illegal acts and in breach of its own laws in the instant matter, the Federal Government did not come to equity in clean hands and must be called to order.
“With appalling disregard to local and international laws, the Federal Government has lost the right to put the appellant on trial for any offence.* (Emphasis mine)
“Treaties and Protocols are meant to be obeyed. No government in the world is permitted to abduct anybody without following due process of extradition.
“Nigeria is not an exception or excused. Nigeria must obey her own law and that of international, so as to avoid anarchy.”
On the basis of the above, the Appeal Court ordered the immediate release of Kanu from his long incarceration at the facility of the Department of State Services in Abuja.
It’s doubtful if Malami had a certified true copy – unless he’s availed in advance of the ruling – before pouring cold water on the verdict, arguing the court didn’t acquit Kanu.
Vowing government’s continued charges against Kanu, Malami, via an official spokesman, Umar Jibril Gwandu, said: “For the avoidance of doubt and by the verdict of the Court, Kanu was only discharged and not acquitted.
“Consequently, the appropriate legal options before the authorities will be exploited and communicated accordingly to the public.
“The decision handed down by the court of appeal was on a single issue that borders on rendition. Let it be made clear to the general public that other issues that predate rendition on the basis of which Kanu jumped bail remain valid issues for judicial determination.
“The Federal Government will consider all available options open to us on the judgment on rendition while pursuing determination of pre-rendition issues.”
Some of the issues government pushes at the Supreme Court are: * The Appeal Court erred by holding that, based on the rendition, the trial court has no jurisdiction to try Kanu * There’s no evidence led at the trial and appellate courts on the rendition * The court misdirected itself by relying heavily on foreign decided cases on terrorism and human rights as against those of the criminal procedure in Nigeria * The court erred by discharging Kanu on counts 1, 2, 3, 4, 5, 8 and 15 on terrorism charges retained by the trial court for want of jurisdiction * The court was silent and closed its eyes to the issues that predate Kanu’s rendition.
Correspondingly, the Federal Government prays the Supreme Court to: * Set aside the Appeal Court judgment, and restore the charges at the trial court * Stay execution of the ruling until the final determination of its appeal * Refuse Kanu bail, as he’s a “flight risk person.”
The government’s hasty appeal against the Appeal Court judgment represents a classical case of “the more you look, the less you see” – indicating an apparent resolve to keep Kanu out of circulation throughout the duration of the administration of President Muhammadu Buhari.
Kanu’s five counts peaked at 15 after he jumped bail in 2017 and was arrested in June 2021 in Kenya, and flown back to Nigeria at the behest of the government.
The trial Federal High Court in Abuja subsequently struck out eight of the charges, leaving seven counts, which Kanu appealed to the Appeal Court that trashed the charges.
Ipso facto, there’re no longer charges against Kanu, and government could only maintain a cause of action by appealing the Appeal Court judgment or initiating fresh and unknown charges against Kanu, and that would leave the realm of prosecution to persecution of the detainee.
But amid criticisms against government’s plan to sustain Kanu’s trial, Malami reportedly floated a “political solution” to the impasse: the South-East governors should go and beg Buhari to unconditionally release Kanu, as if the governors had instigated Kanu’s alleged offences.
If not as a tool of official blackmail, why should it be the governors’ burden to surety Kanu who, with members of the IPOB, had routinely blamed the governors for alleged connivance to scuttle the agitation for Biafra?
Recall that following Malami’s prior remarks, former Anambra Sate Governor Chukwuemeka Ezeife expressed readiness to “kneel or prostrate” for Buhari to free Kanu.
“If President Buhari wants me to kneel down, I’ll kneel down. If he wants me to prostrate, I’ll prostrate just for Nnamdi Kanu to be released,” Dr Ezeife had pledged in an interview on Arise News morning show on October 17.
He said the release of Kanu “will address protests, agitation and the sitting-at-home in the South-East,” adding that Igbo elders would welcome negotiation “to ensure Kanu’s release and peace in the South-East.”
In any case, South-East leaders, including the governors, had met Buhari – in Abuja or in the South-East during his visits – and written series of letters on the Kanu matter, with the president repeatedly telling them that his hands were tied by the legal web entangling the detainee.
In other words, were the courts to set Kanu free, Buhari and the Federal Government would’ve no justification to incarcerate him to face further charges or trial.
 Alas, the opportunity of good faith came on October 13 via the Appeal Court ruling, which discharged Kanu from the remaining seven of 15 charges against him since 2015! But the authorities have shunned that window!
The Appeal Court dress-down of the government – for violating both its own and international laws, to breach Kanu’s fundamental human rights – would sober any administration to avoid further pontification.
So, rather than continue Kanu’s detention and trial, President Buhari should seize the lucky chance the Appeal Court ruling offers to redeem his administration’s image.
To act otherwise strengthens the allegation that Kanu’s ordeal is part of an “unfinished business” to marginalise the South-East for its aborted “Republic of Biafra” in 1967, and the resultant Nigerian Civil War from 1967 to 1970. Government must dispel this alleged ill-motive against the people of the South-East!

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

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Opinion

White Lion is everywhere, but blind, frustrated critics won’t find him

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Yahaya Bello
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As an indigene of Kogi State from Ijumu Local Government, I am always concerned about any issue that has to do with Kogi State’s affairs and I do my best to be involved, even if modestly, in her development. I love my state and I love my people, without necessarily compromising my patriotism to Nigeria, my country.

For some time now, I have come to notice that certain dark interests, often political, like to project all that is negative about Kogi State with a glee that is symptomatic of zonked-out analysts.

The latest half-witted article by Tunde Olusunle on Kogi State and its immediate past Governor, Yahaya Bello, portrays the journalist as seemingly away with the fairies. I will hold forth about it in a bit.

I am not a member of the APC nor a beneficiary of Yahaya Bello’s political largesse while in office. In fact, I’m not a politician in the real sense of the word. I’m an entrepreneur.

The best selling comic play titled ‘Our Husband Has Gone Mad Again’ authored by Professor Olawale Gladstone Emmanuel Rotimi and published in 1977 best captures how to describe Tunde Olusunle as related to his recent article titled ‘Abeg, Where Is “White Lion?”‘

One would have assumed that at his age with decades of professional experience, he would have been circumspect about certain issues. Even if he wished to satisfy his paymasters who must have contracted him to pen trash about his state or an individual, he would have made an attempt not to fritter away whatever little honour he had left.

I know that the country is hard and some individuals whose best lives are behind them would crunch even on faeces just to survive another day, especially those in the category of pretending that all is still well with them when they are actually floundering financially – a typical tragedy of living in the illusion of past glory. That’s quite understandable.

The precis of Olusunle’s uninformed article is that it is a worthless vituperation of a frustrated and failed political wannabe whose attempts at political relevance in Kogi State have met with catastrophic denouement. I don’t want to bore the reader with bouquets of unsupported asseverations imputed by Olusunle against Yahaya Bello. Investing valuable time in such would be counter-productive. I just want to address the obvious elements of insanity in the article.

During the 2023 presidential election, a lot of the people who unleashed negative propaganda against candidate Bola Ahmed Tinubu did so out of implacable personal hatred for the man.

The hatred in their speeches and writings was so clear. It was aggressive hatred without substance. It was so bad that some people were praying for him to die! Many fake prophecies from agitated prophets saturated traditional and social media on a daily basis. But the man weathered all the storms, beat them silly and eventually emerged as Nigeria’s President.

Not that his detractors have stopped, but they have been decimated significantly by the shame they bear consequent upon his victory. Former President Muhammadu Buhari also suffered the same fate.

Buhari would be the first presidential candidate in Nigeria to read his own obituary while still alive. A sitting Governor then, Ayodele Fayose, took front-page advertorials in major newspapers in the country and added Buhari’s picture to the list of Nigeria’s dead presidents and heads of state.

He claimed that Buhari might not last even one year in office. Therefore, why burden the country with such a walking vegetable? The hatred was that bad! Buhari went ahead to complete eight years in office and departed healthier and younger than he came in.

Yahaya Bello is the latest victim of deliberate personal hatred and relentless blackmail by his detractors and those he has trumped in the slick, yet complex terrains of Kogi State politics. A lot of political cavilers in Kogi State have yet to come to terms with the divine intervention that produced Yahaya Bello in 2016.

Kogi’s ethnopolitical warlords who have arrogated to themselves the permanent mandate to govern the confluence state found themselves suddenly vanquished by higher terrestrial forces beyond human comprehension. They could not believe that Yahaya Bello, from where he came, could be such a candidate for divine benevolence.

They rebelled and kicked. From day one, they chose blackmail and crude propaganda as weapons of foul warfare. For these ignoble characters and their ubiquitous social media goons, every woman who suffered a miscarriage did so because of Yahaya Bello. If their dogs died, it was Yahaya Bello. If they failed to prepare well for an election and lost, Yahaya Bello was their ready scapegoat. It was a loathsome circle of certainty.

The hatred in Olusunle’s baseless article is poorly disguised, if at all. Authentic professional journalists base their submissions on hard, indubitable facts. They do not orchestrate a bum steer, as the Americans would say. But this is what someone who, to all intents and purposes, should be a respected veteran in the field of journalism has chosen to do for survival stipends.

His claims that Yahaya Bello is in hiding are particularly spurious and nauseating. I live in Abuja and I can confirm that Yahaya Bello has been in his Zone 4 residence for a long time. He has been seen observing Taraweeh and receiving guests for Iftar throughout the Ramadan period. He goes to the Mosque for Jumat prayers every Friday.

For goodness sake, the man left Abuja for Okene to celebrate Eid in the full glare of thousands of Kogites, and entertained hundreds of Muslim faithful and his political associates for Sallah before returning to Abuja two days later. He even travelled to Lagos to pay homage to President Bola Tinubu for the Eid-el Fitr celebrations. What a way to hide!

Olusunle claims that Yahaya Bello is on the run and hiding under a bed. My question is “For what in particular?” Security agencies are not the types to base their investigations and arrests on phoney allegations as all those raised in Olusunle’s mucky script are.

They don’t pay attention to hideous misinformation being peddled by discombobulated political midgets in desperate search for long-lost relevance.

Olusunle seems to be suffering from nomenclature attachment syndrome. Psychologists have impressed on us from time immemorial that a person’s name is more than just identification.

They have educated us that when we hear our names, it triggers a unique psychological response. In this case, we may be dealing with a syndrome called pervasive egosyntonic sadistic behaviour.

In Yoruba language, Olusunle means “Olu has burnt the house”. And the Yoruba say “orukọ ọmọ lo n ro ọmọ”, meaning a child’s name influences his/her behaviour.

But if Olu must burn anybody’s house, he should choose his father’s house to burn, not another person’s house of honour. Meanwhile, Kogi State is a house that no jackass can burn down.

Exacerbated insanity defines the character of purveyors of allegations that cannot be substantiated. To answer your question, writer Olusunle, White Lion is everywhere, going about his normal activities, and discerning Nigerians are aware. But blind, frustrated critics won’t find him.

– Olorunfemi Obadofin Braimoh, a security consultant and public affairs analyst, wrote from Abuja.

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

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Map of Abia State
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By Ehichioya Ezomon

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.”
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

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Opinion

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

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By Ehichioya Ezomon

Abia State Governor Alex Otti’s the rave of the moment among his peer governors, and most Nigerians, for “infrastructural development,” and particularly for signing into law a Bill passed by the Abia State House of Assembly (ABHA) to repeal life pensions for former governors and deputy governors of the state.
Under the repealed law, former governors and deputies were paid lifetime salaries, and got houses in Abia and Abuja, prompting ex-Head of State and former President Olusegun Obasanjo – on a visit to Dr Otti to commend his novel move – to describe the life pension laws by state governors as “rascality” and “acts of daylight robbery,” and urged other governors to emulate the Otti example.
But did retired Gen. Obasanjo, Ph.D, also send similar entreaty to President Bola Tinubu and the National Assembly (NASS), to repeal pensions and entitlements for former presidents, vice presidents and heads of state? Or only former governors and deputies should curb their appetite for free money and materials after “retirement” from government?
Obasanjo’s advocacy should touch all former elected or appointed executive officeholders, as we shouldn’t have a “special breed” of Nigerians: former military heads of state, presidents, vice presidents, governors and deputy governors, who enjoy government’s freebies, and live in luxuries at the expense of toiling Nigerians in need of the bare essentials of life.
It’s as well to recall that in a valedictory session of the Federal Executive Council at the State House, Abuja, on May 24, 2023, then Vice President Yemi Osinbajo called for an upward review of pensions for former presidents and vice presidents.
Osinbajo, referencing President Muhammadu Buhari’s “personal integrity,” said: “Part of the problem with that is that sometimes, you and I end up getting the very short end of the stick. If you look at the laws today, our retirement benefits, yours (Buhari) will be N350,000 a month by law and mine will be N250,000 per month.
“Those, of course, as you can imagine, are very tiny amounts of money. And I think that one of the things that we must do is to, perhaps, see how we can amend that law so that I will not come to you in Daura (Buhari’s hometown in Katsina State) and ask for some of your bulls to sell in order to survive.”
As Sunday PUNCH findings, first reported on May 28, 2023, indicate, “severance packages for Buhari and Osinbajo, state governors and other political appointees leaving office in 2023 might cost the country about N63.45bn,” adding that, as stipulated by the Revenue Mobilisation and Fiscal Allocation Commission (RMAFC), “President Buhari will get a severance pay of N10.54m, which is 300 per cent of his annual basic salary, while Vice-President Osinbajo will receive N9.09m.”
In a manner of, “What a man can do, a woman can do it, and even better,” then First Lady, Mrs Aisha Buhari, also solicited increased out-of-office benefits for ex-presidents and vice presidents, and for the incorporation of former first ladies “among the beneficiaries.” She spoke on May 25, 2023, in Abuja, at the launch of a book, ‘The Journey of a Military Wife,’ written by Mrs Vickie Irabor, wife of then Chief of Defence Staff, Gen. Lucky Irabor (retd).
Mrs Buhari’s plea: “The Federal Government should consider us as people that need help not as magic makers. And on the privileges given to the former presidents of Nigeria, they should do more. It is still not enough considering what people go through in that house (Presidential Villa). And at the same time, I want them to incorporate women, the former first ladies, among the beneficiaries.”
Many Nigerians have lent voices to the Otti gesture, especially coming at an time of economic strangulation of the average and below-average citizens since the advent of the Tinubu administration, following the withdrawal of subsidy on petrol, and floating the Naira, which’s crashed against major foreign currencies, and sent inflation and the cost of living sky-high.
The Socio-Economic Rights and Accountability Project (SERAP) has asked President Tinubu to swiftly obey a court judgment, which orders the Federal Government to recover pensions collected by former governors, and to challenge the legality of states’ pension laws permitting those involved to collect such “outrageous pensions.”
Following a SERAP suit no: FHC/L/CS/1497/2017, Justice Oluremi Oguntoyinbo in a 20-page judgment on November 26, 2019, granted “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.”
“Justice Oguntoyinbo also granted ‘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.'”
Then Attorney General and Minister of Justice, Abubakar Malami (SAN), had argued that “the States’ laws duly passed cannot be challenged.” But Justice Oguntoyinbo differed, saying, “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, adding, “I have considered SERAP’s arguments that it is concerned about the attendant consequences that are manifesting on the public workers and pensioners of the states who have been refused salaries and pensions running into several months on the excuse of non-availability of state resources to pay them.”
Justice Oguntoyinbo didn’t expressly pronounce on the legality of awarding life pensions to former governors and deputy governors. Perhaps, the plaintiff, SERAP, didn’t include that in its averments and prayers. Which somehow left the judge to push the responsibility to the Attorney General – “being the Chief Law Officer of the Federation” – of finding out the “legality or validity of any law in Nigeria and how such laws affect or will affect Nigerians.”
But the National Industrial Court – as posted on the African Law eJournal on March 25, 2020 – had ruled that pensions for former governors and deputy governors are legal, as nothing in the amended 1999 Constitution of Nigeria precludes or prevents state houses of assembly from enacting laws to give such benefits to former state chief executives.
Michael Dugeri of University of Ottawa, Canada, posted the court’s ruling in the case of Incorporated Trustees of Human Development Initiatives & 39 Others v. Governor of Abia State & 73 Others, which borders on “legal validity of state pensions laws for political office holders in Nigeria.”
“The National Industrial Court, in this case, was invited to determine the question of whether any law, especially by the State Houses of Assembly, that stipulates pension of such public officials already covered by the constitutional mandate of the Revenue Mobilization, Allocation & Fiscal Commission (RMAFC), is ultra vires, null and void. The Court answered in the negative,” the report said.
Yet, as first reported by Vanguard on March 24, SERAP, while noting inaction by the Buhari administration on the Justice Oguntoyinbo judgment, urges President Tinubu, in a March 23 letter by its Deputy Director, Kolawole Oluwadare, “to emulate the good example of Governor Otti by urgently obeying the judgment.”
“Unless the judgment is immediately obeyed, former governors and their deputies, including those now serving as ministers in your administration and members of the National Assembly who receive pensions, would continue to evade justice for their actions,” SERAP says.
“Immediately obeying the judgment would show the sovereignty of the rule of law in Nigeria and go a long way in protecting the integrity of the country’s legal system. Obeying the judgment would also show you (Tinubu) as a defender of the Nigerian Constitution of 1999 (as amended), the rule of law, and public interest within government,” SERAP adds.
SERAP lists former governors, “who continue to collect double emoluments and large severance benefits” from 22 states, including Lagos, Akwa Ibom, Edo, Delta, Ekiti, Kano, Gombe, Yobe, Borno, Bauchi, Abia, Imo, Bayelsa, Oyo, Osun, Kwara, Ondo, Ebonyi, Rivers, Niger, Kogi, and Katsina.
As reported by the News Agency of Nigeria (NAN) on March 20, the Abia pensions repeal law isn’t the first, as a few states had moved to abolish the law, but “many states showed nonchalant attitude toward doing so.” Still, the “Abia State Governors and Deputy Governors’ (Repeal) Law 2024,” which took effect immediately on Thursday, March 21, 2024, after Governor Otti signed it, forecloses former governors and deputy governors earning pensions.
But did the Abia repealed pensions law include other perquisites of office, which make the pensions per se to look like pocket money for a boarding-house student, who doesn’t really need extra money, as their parents or guardians have settled accommodation, feeding and provisions for them?
This and more will be explored in part 2 of the series, amid denial by two former governors of Abia State, Sen. Theodore Orji and Dr Okezie Ikpeazu, of receiving pensions since they left office, even as Governor Otti continues to enjoy the limelight of abolishing pensions for former governors and deputy governors of Abia State!

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

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