Ex-Govs. Double pay under-recovery: SERAP files contempt suit against AGF Malami 

The Socio-Economic Rights and Accountability Project (SERAP) has filed a contempt suit against the Federal Government and Abubakar Malami, Attorney-General of the Federation (AGF) and Minister of Justice “for failing to recover over N40 billion double pay and life pensions from former governors who are serving as lawmakers and ministers”.

Justice Oguntoyinbo of the Federal High Court, Lagos had in November 2019 ordered the Federal Government to “recover life pensions collected by former governors serving as ministers and members of the National Assembly.”

Justice Oguntoyinbo also directed Mr Malami to “challenge the legality of states’ life pension laws permitting former governors and other ex-public officials to collect such pensions.”

However, the President Buhari administration has allegedly failed to implement the judgment. Justice Oguntoyinbo who last month retired from the bench expressed “regret” during a valedictory court session held in her honour that the judgment has not been implemented.

SERAP last Friday moved to enforce the judgment, by filing Form 48 contempt suit at the Federal High Court, Lagos. SERAP said: “A certified true copy of the judgment of 26 November, 2019 by Justice Oguntoyinbo has long been served on Malami”.

In an issued statement dated 7 May, 2023, and signed by SERAP Deputy Director, Kolawole Oluwadare, the organisation said, “It’s unacceptable to take the court, which is the guardian of justice in this country, for a ride. A democratic state based on the rule of law cannot exist or function, if the government routinely ignores and/or fails to abide by court orders”.

Recall that SERAP had in July 2017 requested Mr Malami to “institute appropriate legal action to challenge the legality of state laws allowing former governors to enjoy life pensions while drawing normal salaries and allowances in their new political offices and to fully recover public funds from those involved”.

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