The Guardian (Nigeria)

National Assembly panels raise 2020 budget by N710b

Ministry denies N2.7b allocation for constituen­cy projects

- From Igho Akeregha, Adamu Abuh and John Akubo, Abuja

THE National Assembly may raise the N10.33 trillion 2020 budget presented to the lawmakers by President Muhammadu Buhari.

Indeed, the Senate Committee on Appropriat­ion may have raised the capital component of the budget by N450 billion, The Guardianle­arnt yesterday. It was learnt that the panel had, in the first instance, increased the budget by N500 billion but later decided to reduce it by N50 billion shortly before submitting its report at yesterday’s plenary session by the chairman, Barau Jibrin.

Thereafter, the Senate President, Ahmad Lawan, promised the lawmakers that copies of the bill would be made available to them in preparatio­n for its final passage. He said that the circulatio­n would be done immediatel­y the committee concluded the printing of the report.

The Guardian learnt that the increase was meant to take care of exigencies that were not captured in the capital allocation of the var

other ex-public officials to collect such pay.

The judge adjourned till February 3, 2020 for hearing on report of compliance with the court order by the Federal Government.

In defence, the AGF argued that SERAP did not show any injury it suffered as a result of the salaries and allowances given to the former governors. It was contended that SERAP neither constitute­s civil servants nor public servants who have any issues with the pension laws for former governors. It was also argued that the suit filed to promote transparen­cy and accountabi­lity did not confer locus standi on SERAP.

But the judge said he believed the AGF could “institute action in a court of law to challenge states’ pension laws for former governors.”

She said further: “I do not see any substance in the submission­s of counsel to the attorney general on this issue. I therefore resolve this issue against the attorney general, in favour of SERAP. On the whole, I find no merit in the attorney general’s preliminar­y objection. It is accordingl­y dismissed.”

The affected governors include: Rabiu Musa Kwankwaso (Kano); Kabiru Gaya (Kano); Godswill Akpabio (Akwa Ibom); Theodore Orji (Abia); Abdullahi Adamu (Nasarawa); Sam Egwu (Ebonyi); Shaaba Lafiagi (Kwara); Joshua Dariye (Plateau), Jonah Jang (Plateau); Ahmed Sani Yerima (Zamfara); Danjuma Goje ( Gombe); Bukar Abba Ibrahim (Yobe); Adamu Aliero (Kebbi); George Akume (Benue); and Rotimi Amaechi (Rivers).

Former senate president and governor of Kwara State Bukola Saraki said he stopped collecting the pension after hearing of SERAP’S suit, subsequent­ly inspiring the passage of a bill by the Kwara State House of Assembly to suspend payment to former governors and their deputies.

Saraki had stated at the time: “No, I’m not collecting pension. The moment I saw that SERAP allegation, I wrote to my state to stop my pension.”

Ekiti State Governor Kayode Fayemi, Minister of Labour and Employment Chris Ngige, and Minister of Works and Housing Babatunde Fashola have denied ever receiving payments both as former governors and current holders of public office.

Last month, the Zamfara State House of Assembly abolished the law allowing former governors and their deputies to get pensions and other allowances.

The move came on the heels of complaint by a former governor, Abdul’aziz Yari, that he had not been receiving his monthly pay.

But a Kano-based lawyer, Mr. Abubakar Sani, noted that the court verdict could fail over lack of jurisdicti­on. “As welcomed as that verdict might be, on morals, if not legal, grounds, it might prove to be short-lived because the Federal High Court, which delivered it, lacks the requisite jurisdicti­on, under Section 254C(1)(k) of the 1999 Constituti­on. By virtue of that provision, only the National Industrial Court (NIC) possesses exclusive jurisdicti­on over issues of pay, emoluments, pensions and the like,” he said.

Similarly, Lagos-based lawyer, Lotanna Dim, said: “The possibilit­y of recovering previously paid pensions is not very feasible.” She neverthele­ss described the judgment as “landmark.” According to her, it would “serve as an advantage to the economy in terms of saving on the excessive expenses on political officials.”

Commending the ruling however, a Senior Advocate of Nigeria (SAN), Chief Mike Ozekhome, said: “The fresh judgment will sanitise the heavily fouled and putrid political environmen­t. It has opened up new vistas and rejigged the weak moral fabric with which politician­s’ garments of public service is sewn.”

He added: “These humongous and heartless severance allowances, pensions, gratuities, prerequisi­tes, salaries etc., some running into billions of naira, of political office holders and appointees are morally wrong, scandalous and mindboggli­ng.”

Barrister Stephen Azubuike clarified: “I believe the important thing is that the Federal High Court merely ordered the AGF to perform his public duty. The Federal High Court never made any determinat­ion squarely on pension matter per se.”

He commended SERAP for pursuing the “worthy cause,” stating: “The interestin­g thing is that there is now a subsisting court order which the AGF should obey in compliance. The AGF has no reason to do otherwise.” Another SAN, Olisa Agbakoba, praised the verdict saying: “The judgment is brilliant and should be enforced by seizing the asset shares properties of these men. I suspect the appellants will have a hard time succeeding as the law of pensions is based on lifetime of work not a limited time.”

On his part, Owerri-based legal practition­er, Mr. Ike Augustine, said by virtue of the provisions of the1999 Constituti­on of Nigeria (as amended) and a legion of courts’ decisions, every judgment delivered by a court of competent jurisdicti­on is binding and enforceabl­e on all authoritie­s and persons, unless it is set aside by an appellate court.

“It is indeed a welcome developmen­t and a victory to all oppressed Nigerians. We need more of this judicial activism by our courts to help checkmate the annoying ostentatio­us lifestyle by politician­s, while the masses live in abject poverty,” he said.

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