The Federal Government and the Attorney-General of the Federation/Minister of Justice, Abubakar Malami, have been sued by the Social-Economic Rights and Accountability Project (SERAP) for supposedly neglecting to retrieve more than N40 billion perks from previous governors who now occupy positions as lawmakers and ministers. In November 2019, Justice Oluremi Oguntoyinbo of the Federal High Court in Lagos ordered the Federal Government to ensure the recovery of the funds and also instructed Malami to challenge the legality of states' life pension laws that permit former governors and others to draw from public funds perpetually.
The judgment has not been implemented by the administration of President Muhammadu Buhari, and the judge expressed disappointment that the ruling has not been enforced during a valedictory court session held in her honor. Over the weekend, SERAP took action to enforce the judgment by submitting a Form 48 contempt suit to the Federal High Court in Lagos. The organization stated that Mr. Malami has been given a certified true copy of the November 26, 2019 judgment by Justice Oguntoyinbo.
The Form 48 includes a warning that failure to comply with the court's orders outlined on the reverse side of the document may result in imprisonment for contempt. Despite this, SERAP stated in a press release yesterday that it is unacceptable for the court, which is responsible for upholding justice in the country, to be disregarded. A democratic state that is founded on the rule of law cannot operate effectively if the government regularly disregards or fails to follow court orders.
Despite having been served with a certified true copy of the judgment, the Buhari administration has neglected to comply with it. This is occurring at a time when numerous Nigerian workers and retirees have gone several months without payment from state governors and are struggling to make ends meet, while former governors are collecting dual salaries and enjoying luxurious lifestyles. In July 2017, the civil society organization (CSO) requested that Malami file a lawsuit challenging the legality of state laws that allow former chief executives to receive life pensions and draw normal salaries and benefits in their new political positions, and also recover any such funds.
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