The
plaintiffs, in the affidavit attached to their suit, argue that the
state Houses of Assembly lack 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.
The
plaintiffs add that governors, their deputies and other public
officials are not entitled to pension as their retirement benefits are
already part of the remunerations being paid to them while in office.
Apart
from seeking an order nullifying the various pension laws, the
plaintiffs also want the court to order the 36 state governors to
recover from former governors and deputy governors what they have
received in excess of the amounts stipulated by RMAFC as pension.
According
to the plaintiffs, the pension laws have been enacted in Abia, Akwa
Ibom, Bayelsa, Benue, Gombe, Kwara, Kogi, Oyo and Lagos states, while
the other 29 states are either yet to release theirs to the public or
planning to enact similar law.
Obiagwu,
in his written submission, stated, “The plaintiffs are respectfully
seeking the orders of your Lordship to nullify various state laws
stipulating pension and other remuneration for governors and deputy
governors.
“The basis of the
submission is that the 1999 constitution has given the 74th defendant
(RMAFC) the exclusive power to set the remuneration of such public
officials.
“Pension is part of the
remuneration of a public officer. Therefore, any state law that
stipulates pension of such public officials already covered by the
constitutional mandate of the 74th defendant is ultra vires, null and
void.”
The groups sued 74 defendants,
comprising the governors of the 36 states of the federation and their
respective Houses of Assembly.
The two other defendants are the Attorney-General of the Federation and the RMAFC.
The
plaintiffs are seeking among others, “a declaration that the pension of
a Governor and Deputy Governor of a State is a “remuneration of a
Public Office holder” in terms of Section 32 (d) of the Third Schedule
to the 1999 Constitution and “condition and welfare of labour” in terms
of Item 34 of Part 1 Second Schedule to the 1999 Constitution.
“An
order nullifying the said Governors and Deputy Governors Pension Law
2014 of Akwa Ibom State, Lagos State Governor and Deputy Governor
Pensions Law of 2007, Rivers State Pensions for Governor and Deputy
Governor Law of 2012, Oyo State Pension (Governor and Deputy Governor)
Law 2004, Governor and Deputy Governor (Payment of Pension) Law No 12 of
Kwara State 2010, or any other such Law enacted by any of the 37th to
72nd defendants stipulating the pension of any of the 1st to 36th
defendants for being contrary to Sections 1(3) and 4(2) of the 1999
Constitution and therefore is ultra vires, null and void.”
