Constitutional Lawyers and Human Right Activist, Olukunle Ogheneovo Edun, Esq. and Okiroro Iki-Ebieroma, Esq. have challenged some provisions of the Pension Rights of the Governor and the Deputy Governor of Delta State Law, Cap P5, Laws of Delta State, 2008 to the extent that it provides for both the gratuity and pension for a former Governor and former Deputy Governor who have held offices and completed their constitutional tenure of four years.
The originating summon,
filed on the 18/02/2015 with Suit No. W/01/2015 at the Warri Judicial Division
of the Delta State High Court, the duo raises the following issues for determination
before the Court to wit are:
1.
Whether the salient provisions of the
Pension Rights of the Governor and the Deputy Governor of Delta State Law, Cap
P5, Laws of Delta State, 2008 to the extent that it provides for BOTH the gratuity and pension for a
former Governor and former Deputy Governor who have held offices and completed
their constitutional tenure of four years, does not conflict with the provision
of section 124 of the Constitution of
the Federal Republic of Nigeria, Cap C23, LFN 2004, section 6(d) of the Revenue
Mobilization, Allocation and Fiscal Commission Act, Cap R7, LFN, 2004 2, and
section 3(p) of the National Salaries, Income and Wages Commission Act, Cap
N72, LFN, 2004?
2.
Whether the Delta State Government of Nigeria
can validly oust or act outside the provisions of the Constitution of the
Federal Republic of Nigeria, Cap C23, and LFN 2004 and create a separate regime
of retirement benefits for former Governor and Deputy Governors of Delta State?
3.
Whether the provision of Section 6 of
the Pension Rights of the Governor and the Deputy Governor of Delta State Law,
Cap P5, Laws of Delta State, 2008 and the second schedule to the law (which provides
for further benefits outside gratuity and pension) is constitutional in the
face of section 124 of the Constitution of the Federal Republic of Nigeria, Cap
C23, LFN 2004?
4.
Whether by virtue of the provision of
section 124 (5) of the Constitution of the Federal Republic of Nigeria, Cap
C23, LFN, 2004, former Governor and Deputy Governor of Delta State of Nigeria
are entitled to both Pension and Gratuity or only either of Pension and
Gratuity?
5.
Whether the Delta State House of
Assembly is competent to make laws regulating the issuance of Diplomatic
Passport, operations of the Nigerian Police, Department of State Security and
Independent National Electoral Commission?
6.
Whether there is in existence any entity
or body known to law as the “State Security Service Agency”?
7.
Whether a former Governor or Deputy Governor of Delta State of Nigeria performs can still be said to be
performing any executive or official functions for Delta State to the extent
that after completing his / her tenure in office, the Delta State Government of
Nigeria must still bear the burden of
providing him/her the following:
a. A
Chief Administrative Officer (for former Governor) and a grade level 12 officer
(for former Deputy Governor ) respectively
b. Personal
Secretaries not below grade level 10 (for former Governor) and grade level 09
(for former Deputy Governor).
c. Two
armed policemen each for the former Governor and the Deputy Governor
respectively.
d. One
State Security Service Officer not below the rank of DSO (for former Governor)
and not below the rank of ASO (for former Deputy Governor) to act as their Aide
de camp for life, and to be paid by the State Security Service Agency.
e. Three
vehicles (for the former Governor) and two vehicles (for the former Deputy
Governor) to be bought and replaced every four years by the Delta State
Governor, with a paid driver attached to each of the personalities.
f. Diplomatic
Passport for life for both the former Governor and Deputy Governor
respectively.
g. That
the former Governor and Deputy Governor and their spouses shall take the third
and fourth positions respectively after the serving Governor and his deputy at
all State functions.
h. Free
medical treatment for life in Nigeria and abroad for both the former Governor
and Deputy Governor and their immediate families at the expenses of Delta State
Government
i. 156 days
of annual vacation within Nigeria for the former Governor while the former
Deputy Governor shall enjoy 15 days annual vacation within Nigeria but the
serving Governor must prior-approve the expense
of only the Deputy Governor
j. A
well furnished and equipped office in any location of their choice in the State
for both the former Governor and former Deputy Governor.
k. A
well furnished five bedroom duplex and four bedroom duplex for the former
Governor and former Deputy Governor respectively in any location of their choice
within Delta State
The claims against the
Defendants are as follows:
1.
A DECLARATION
that by virtue of the joint reading of the provisions of section 124 of the
Constitution of the Federal Republic of Nigeria, Cap C23, LFN 2004, section
6(d) of the Revenue Mobilization, Allocation and Fiscal Commission Act, Cap R7,
LFN, 2004 and section 3(p) of the National Salaries Incomes and Wages
Commission Act, Cap N72, LFN, 2004, former Governors and Deputy Governors of
Delta State are not entitled to both gratuity and pension.
2.
A
DECLARATION that by virtue of the joint reading of
the provisions of section 124 of the Constitution of the Federal Republic of
Nigeria, Cap C23, LFN 2004, Section 6(d) of the Revenue Mobilization,
Allocation and Fiscal Commission Act, Cap R7, LFN, 2004, former Governors and
Deputy Governors of Delta State are not entitled to the benefits contained in
the second schedule of the Pension Rights of Governor and Deputy Governor of
Delta State Law, Cap P5, Laws of Delta State, 2008.
3.
A
DECLARATION that the Delta State House of Assembly
does not have the locus and competence to make any law regulating the issuance
of Diplomatic Passport, the operations of the Nigerian Police, Department of
State Security Service and Independent National Electoral Commission.
4.
AN
ORDER striking down section 3, 5 and 6 of the Pension Right
of Governor and Deputy Governor of Delta State Law, Cap P5, Laws of Delta
State, 2008, Tables A and B of the first schedule and the entirety of the
second schedule of the Law for being inconsistent with the extant provisions of
the Constitution of the Federal Republic of Nigeria.
5.
AN
ORDER compelling the Defendants to commence the recovery
of all monies, benefits and/or property paid/given to any former Governor or
Deputy Governor of Delta State of Nigeria in contravention of section 124 of
the Constitution of the Federal Republic of Nigeria, Cap C23, LFN, 2004 Section
6(d) of the Revenue Mobilization, Allocation and Fiscal Commission Act, Cap R7,
LFN, 2004.
6.
AN
ORDER of injunction restraining the 1st and 2nd
Defendants either themselves and/or through their officials, subordinates and
agents from further carrying into effect the provision of section 6 of the Pension
Rights of Governor and Deputy Governor of Delta State Law, Cap P5, Laws of
Delta St ate, 2008 Tables A and B of the first schedule, and the entirety of the
second schedule to the Law or any similar provision in any other Law.
7.
AN
ORDER COMPELLING the Defendants to file in this Honorable
Court within 14 days of delivering of judgment to favour of the Claimants, a
comprehensive statement of all the completion of tenure benefits / entitlements
paid to former Governors or Deputy Governor from May 29th 2003 till
the date of delivery of judgment in this suit.
The case fixed for
hearing the 12th day of March, 2015.,
It will be recalled
that Olukunle Edun Oghenovo, Esq. and Okiroro Iki-Ebieroma ,Esq. who are
currently the Chairman and Secretary of
the Public Litigation Committee respectively of the Nigerian Bar Association,
Warri Branch have filed similar actions against the Delta State Government on perceived
constitutional infractions by it. These includes: provisions of the Delta State
Anti Kidnapping Law, which circumscribe the powers of a Judge from granting
bail to an accused contrary to section 6
of the 1999 Constitution (as amended), a suit by Okiroro Iki- Ebieroma brought
pursuant to the FOI Act requesting the State Government to furnish him with the
details of the 50 b naira bond issued by the State Government in 2011
(details of expenditure shroud in
secrecy), the funding of prigimage by the State Government among others in breach of s. 10 of the 1999 Constitution
(as amended) which prohibits adoption of state religion as the funding of the Christian
and Muslim pilgrimage with tax payers money is in clear breach of the said
section..Judgment was however entered in our favour of Applicant with to the
funding of prigrimage which was not appealed against by the Defendants.
Interestingly the Defendants have continued to carry on in contempt of the said
Judgment. At the appropriate time we shall do the needful to bring the erring
Defendants to face the axing potency of the law. The other cases are currently
on appeal as the judgments we believe were base on the antiquated rule of locus
standi as enunciated in Abraham Adesanya v. FRN , way back in the 1970’s which does represent the more
recent and progressive trend as in Gani Fawehinmi v. President FRN. in 2000 .
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