Lagos, Others Justify Laws On Ex-Governors’, Deputies’ Pension

Lagos, Sokoto, Cross River, Akwa Ibom and Kwara states have insisted that they acted legally in enacting laws prescribing pension for former governors and deputy governors of their states.

They said contrary to the argument by plaintiffs in a suit challenging the legitimacy of the laws, the state Houses of Assembly, which enacted such laws, possessed the powers to so act in the absence of a federal legislation to that effect.

The suit now before Justice Ahmed Mohammed has the 36 states’ governors, their Houses of Assembly, the Attorney-General of the Federation and the Revenue Mobilization Allocation and Fiscal Commission as defendants.

The suit was filed on July 15 last year by Chino Obiagwu on behalf of 36 non-governmental organisations including Human Development Initiatives. They want the court to void such laws passed by any state in the country.

The plaintiffs argued that the state Houses of Assembly lacked the legislative competence to enact pension laws for public officials when the constitution has conferred on the Revenue Mobilisation, Allocation and Fiscal Commission, the exclusive power of setting the remuneration of public officials.

In their joint counter-affidavit and notice of preliminary objection to the suit, Lagos State governor and the House of Assembly insisted that RMAFC was not the only constitutional body empowered to stipulate the remuneration of public officers.

Although Lagos did not deny that such law had been enacted in the state, it argued in a supporting affidavit that the plaintiffs’ suit was misleading because they failed to tender any document to show that the said pension law has been enacted.

“The powers of the Revenue Mobilisation, Allocation and Fiscal Commission established pursuant to the Act of the National Assembly and made by virtue of Section 32(d) of the 3rd Schedule to the 1999 constitution to stipulate the remuneration of certain public office holders in Nigeria do not include pension of governors and deputy governors,” Lagos argued in its counter affidavit.

The other states canvassed similar arguments in their objections and counter affidavits.They equally argued that the plaintiffs lacked legal personality, locus standi and consensus among them to initiate the suit.