Severance Allowances Morally Wrong – TheNigerialawyer

A recent judgment of the Court of Appeal declaring the payment
of severance allowances to elected or appointed public office
holders, including former governors and their deputies morally
wrong, is just what is needed to stop the social injustice.
Davidson Iriekpen writes.

For many Nigerians, a recent judgment of the Court of Appeal
describing the payment of severance allowances to elected or
appointed public office holders as morally wrong could not have
come at a better than now.

Since the return of democracy in 1999, there’s a feeling that
the political class has been reaping the country off with humongous
allowances – money that could have been channeled to other better
things for the people. So, when the judgment came, it was a great
relief.

The court, in a judgment on an appeal marked: CA/A/810/2017
filed by the Kogi State Government, held that the fact that elected
public office holders and political appointees were paid huge
amounts of money as monthly salaries and other forms of allowances
while in office makes it morally wrong for them to demand gratuity
or severance allowance for holding such an office for three to
eight years as the case may be.

The case started following a dispute between the Kogi State
Government and some former members of the state Local Government
Service Commission (KGSLGSC), who served for four years from
February 2013 to February 2017.

The former council officials had filed a suit before the
National Industrial Court in Abuja, suing the Kogi State governor,
Secretary to the State Government, Attorney General and
Commissioner for Justice and Kogi State Local Government Service
Commission.

They claimed that the sum of N55.4million was supposed to be to
them as total of the various amounts of money due to them as
arrears of salaries for 17 months, four years leave bonuses, and
severance payment for the end of the tenure of their
appointments.

The claimants were Alhaji Nuhu Ahmed (ex-chairman of the
commission), M.O Sule, Momoh Azia, Michael Akeji, James Olumorin
and George Abogun. They asked the court to compel the state
government to pay them the severance package.

Rather than give judgment in the case after taking arguments on
the originating summons and preliminary objection raised by the
defendants, the presiding judge of the court, Justice R. B.
Hastrup, in his decision, ordered parties to file more pleadings.
This made the Kogi State government to approach the Court of
Appeal.

In their judgment, the three-man panel of the court faulted the
payment of severance allowance, pension or gratuity to political
office holders and political appointees, insisting that the
practice was morally wrong.

Submitting that it amounted to gross social injustice, the court
held that it could not be justified in the context of the nation’s
present social realities.

In the lead judgment delivered by Justice Emmanuel Agim, he said
it was wicked and morally wrong for political office holders and
political appointees, who helped themselves to public funds while
in office, to claim entitlement to pension and severance
allowances.

The judge held that it was unjustifiable for some few
politicians, who hold office for not more than eight years, to
allocate huge public funds to themselves in the name of pension and
severance package while civil servants, who committed most of their
active years to the service of the nation are denied their
retirement benefits.

Justice Agim submitted that it was wrong for political
appointees and elected public office holders, who do not work as
long and as hard as the career civil servants to quickly get paid
huge severance allowances upon leaving office in addition to the
huge wealth they acquired while holding such offices and without
having been subjected to any contributory pension schemes.

“I must state here that the claimants’ claim for payment of
severance allowance, because the tenure of their appointment has
come to an end, is as unfounded as is morally wrong. As I have held
that their letters of appointment did not stipulate their
entitlement to such payment. They did not produce any law or any
document or instrument that entitles them to such payment.

“The fact that elected pubic officeholders and political
appointees are paid huge amounts of money as monthly salaries and
other forms of allowances, while in office, is common knowledge in
Nigeria and is not reasonable to open question.
“It is also common knowledge that many of them after an office
tenure of between three to eight years become stupendously wealthy,
exhibiting mind-blowing opulence and splendor. Yet, these office
holders insist on being paid severance allowance for holding such
offices.

“Meanwhile, career civil servants, who have served this country
or their states or local governments, all their life, can hardly
collect their pensions and gratuity, when retired. They are now
being subjected to contributory pension schemes in which they
contribute part of their monthly meagre salaries that are always
paid in arrears while in service, to be able to earn pension and
gratuity upon retirement.

“The political appointees and elected public office holders, who
do not work as long and as hard as the career civil servants
quickly get paid huge severance allowances upon leaving office in
addition to the huge wealth they acquired while holding such
offices and without having been subjected to any contributory
pension schemes.

“It is not morally right to pay an elected public officer or
political appointee pension and gratuity or severance allowance for
holding such an office for three to eight years as the case may be.
It cannot be justified in the context of our present social
realities; it amounts to gross social injustice.” The panel, which
had Justices Abubakar Datti Yahaya and Tinuade Akomolafe-Wilson,
also agreed with the lead judgment.

The judgment has since been resonating in many quarters with
many hailing it and wishing that same injustice could be
corrected.

Since 1999, the country has been reaped off through humongous
allowances paid to both officials in the executive and legislative
arms of government at federal and state levels. At the end of every
four years, these officials pay themselves huge allowances without
any fear or threat.

While it is never known how much members of executive
particularly ministers and others collect as severance allowance,
last May, it was reported that members of the eighth National
Assembly got N23.678billion as severance package.

Most annoying to many Nigerians are not just the severance
allowances out-going governors pay themselves but the bogus
pensions they enjoy. Presently, the cost of pension paid by 21
states to some 47 former governors in the last four years has been
estimated at over N37 billion.

In a trend that started in Lagos in 2007, practically all former
governors except Governor of Anambra State, Mr. Peter Obi, who
turned down the idea, had committed their states to write laws that
entitle them to lives of luxury outside office as well as opulent
burials, when they die.

Huge mansions are also constructed for them at public expense
since the law provides for the governor a befitting palace in the
state capital or in the nation’s capital, Abuja, while the deputy
governor is entitled to an accommodation allowance equal to 300 per
cent of his annual basic salary.

In most of the states, after office, a former governor and his
spouse would be entitled to free medical services anywhere at a sum
ranging from N100 million to N200 million per annum while the
deputy governor will pocket N50 million for same purpose.
Both would also be entitled to their current salary for life, which
is in excess of N25 million each per annum. In addition, they are
also entitled to furniture allowances and brand new cars every four
years at the taxpayers’ expense. Their cooks, chauffeurs and
security men – people who will further lighten their burden – are
also well provided for.

All these are coming at a time when ordinary pensioners, who
served for 30 to 35 years in service, in most of these states and
at the federal level have not been paid their meagre entitlements
regularly for many years.

Most annoying to many Nigerians is that a good number of these
ex-governors are either in the Senate, serving as ministers or are
occupying other equally high public offices, where they draw huge
remunerations, thus raising a serious question about the propriety
of the naked rape of the treasury.

Over time, there have been arguments on the propriety of the
pensions paid to governors, who only spend four or eight years in
office but that is where they end.
Ahead of the 2015 presidential election, President Muhammadu Buhari
as the candidate of the All Progressives Congress (APC) had
promised to use moral persuasion to compel the governors to amend
the provisions of the pension laws on the grounds that they were
unsustainable but after four years in office, nothing has been
heard on the issue.

Many analysts believe that the Court of Appeal judgment was an
opportunity for labour unions and civil society organisations not
only to challenge the different laws at the state level empowering
former governors to collect huge pensions but other severance
allowances both at the federal and state levels, which have led to
the plundering of the scarce resources and denying the people
infrastructure development and basic facilities.

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Nigerian Army, Airforce, Navy Release Names of Newly
Promoted Top Military Officers

Nigerian Army Promotes Officers to the Rank of
General

The Nigerian Army Council on Saturday the 9th of November 2019
has approved the promotion of senior officers to the next ranks of
Major General and Brigadier General respectively.

Among those lucky to be promoted to Major General are Brigadier
General S Idris, Defence Headquarters Abuja, Brigadier General DC
Onyemulu, Nigerian Armed Forces Resettlement Centre Oshodi Lagos,
Brigadier General BO Sawyer Army Headquarters Department of Policy
and Plans, Brigadier General GS Abdullahi Defence Headquarters
Abuja, Brigadier General IM Obot Nigerian Army Resource Centre,
Abuja, Brigadier General AL Lawal, Nigerian High Commission, Cairo
Egypt, Brigadier General LA Adegboye, Headquarters 82 Division
Enugu, Brigadier General AB Ibrahim Army Headquarters Training and
Operations, Brigadier General PB Fakroga Headquarters Nigerian Army
Women Corps, Brigadier General CK Nwosu Nigerian Army Special
Forces School, Buni Yadi, and Brigadier General HI Bature,
Headquarters Training and Doctrine Command, Minna.

The others are Brigadier Generals AL Dusu, Defence Headquarters,
Abuja, MA Masanawa, Ammunition Central Depot Agunu, Kachia, JA
Ataguba, Land Forces Simulation Centre, Abuja, AE Attu, National
Defence College, Abuja, BA Isandu, Nigerian Army Intelligence
School, Lagos, SS Araoye, Command Engineering Depot Kaduna, MS
Ahmed, SI List Nigerian Embasy Riyad, GAT Ochigbano, Army
Headquarters Department of Military Secretary, TA Lagbaja,
Headquarters 2 Brigade Abak Uyo, LA Fejokwu, Army Headquarters
Department of Administration ‘Army’, PE Eromosele, National Defence
College, Abuja, AM Alabi, Headquarters Theatre Command Operation
LAFIYA DOLE Maiduguri, GO Adesina, Army Headquarters Department of
Policy and Plans, MM Bunza, Nigerian Military School Zaria, AA
Adesope, Directorate of Audit and Financial Management Office of
the Chief of Army Staff, KI Muktar, Army Headquarters Department of
Administration ‘Army’, OO Olatunde, Headquarters 35 Brigade, –
(posthumously promoted), EA Ndagi, Office of the National Security
Adviser, KO Aligbe Defence Headquarters, UA Yusuf, African Standby
Force ECOWAS Headquarters, Abuja, OC Ajunwa, Nigerian Embassy
Brasilia, FO Omoigui Army Headquarters Department of Training and
Operations, OA Akinyemi Administrative Staff College of Nigeria,
Badagry, Lagos among others.

Those promoted to Brigadier Generals are BYD Sakaba, Defence
Headquarters Abuja, AY Bwala 302 Artillery Regiment Onitsha, AA
Adekoya, Defence Intelligence Agency, NJ Edet Headquarters 81
Division, Lagos, EC Obi-Osang, Headquarters Nigerian Army Special
Forces Command, Buni Yadi, AO Arogbofa, Headquarters 102 Division
Equipment Support, S Nicodemus, Headquarters 6 Division
Portharcourt, WB Idris, 17 Brigade, Katsina, IO Olatunji,
Headquarters 8 Division, Sokoto, ST Audu, Headquarters 21 Brigade,
Yola, UT Opuene, Headquarters Infantry Corps Centre, Jaji, MD
Abumawashi, Headquarters Op LAFIA DOLE, Maiduguri, LG Lepdung,
Headquarters Infantry Corps, Jaji, Kaduna, AOD Okoro, Department
Administration ‘Army’, ASM Wase, Department of Training and
Operations ‘Army’, AL Okpodu, Nigerian Army Aviation, S Nuhu, Army
Headquarters Department of Training and Operations, EO OJO, Special
Task Force, Operation SAFE HAVEN, JR Lar, 31 Artillery Brigade
Garrison, Minna, SJA Ilori, Department of Army Transformation and
Innovation.

Also elavated to Brigadier Generals are NB Ebulue Defence
Intelligence Agency, KO Ukandu Army Headquarters Department of
Administration, AG Laka Army War College, Abuja, EI Etuk,
Multinational Joint Task Force N’Djamena, ME Onoja, 1 Military
Intelligence Brigade, Kaduna, EI Okoro, Nigerian Army War College,
MB Wabili, Nigerian Army Super Camp Benisheik, KE Chigbu Army
Headquarters Department of Training and Operations, SO Nwafor 303
Artillery Regiment General Support and I Otu Headquarters 7
Division Maiduguri.

Others are SO Adejimi, Headquarters 6 Division Supply and
Transport, SD Makolo Headquarters Department of Transformation and
Innovation, VD Beryo Headquarters Ordnance Corps, MO Erebulu 2
Provost Group, Ibadan, A Idris, Directorate of Army Reserve
Recruitment and Resettlement Rear, CA Ataki Department of Policy
and Plans ‘Army’, FO Omata, Special Task Force Operation SAFE
HAVEN, CC Ogbu, Institute of Army Education, AE Owiriwa 82 Division
Ordnance Services, ROO Cole, Nigerian Army Ordnance Tailoring
Factory Yaba, Lagos, TI Gusau, Nigerian Army Resource Centre Abuja,
GC Nkenke, 8 Division Supply and Transport and M Galadima,
Headquarters Nigerian Army Finance Corps Apapa, Lagos, M Auta,
Nigerian Army University Biu, O Nwachukwu Defence Headquarters
Defence Information, I Ahmed Nigerian Defence Academy Kaduna, S
Nuhu Army Headquarters Department of Administration and AAW Hassan
Armed Forces Command and Staff College among others.

The Chief of Army Staff Lt Gen TY Buratai congratulates the
beneficiaries and charged them to redouble their efforts in the
discharge of their responsibilities.

SAGIR MUSA

Colonel

Acting Director Army Public Relations

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NAF Releases List of Newly Promoted Senior
Officers

1. The Air Force Council (AFC) yesterday, 9 November 2019,
approved the promotion of a total of 99 senior officers to the next
higher ranks in the Nigerian Air Force (NAF). The affected senior
officers comprise 13 Air Commodores (Air Cdres) who were promoted
to the rank of Air Vice Marshal (AVM), 35 Group Captains (Gp Capts)
who were promoted to the rank of Air Cdre and 51 Wing Commanders
(Wg Cdrs) promoted to the rank of Gp Capt.

2. Those promoted to the rank of AVM include, Air Cdres Ayoola
Jolasinmi, Hassan Abubakar, Jackson Yusuf, Austine Imafidor, Pius
Oahimire, Dalhat Ladan, Cosmas Ozougwu, Isah Muhammad, Sunday
Makinde, Abubakar Yusuf, Abubakar Adamu, Ado Inuwa and Ademola
Durotoye. Among those promoted from the rank of Gp Capt to Air Cdre
are Ahmed Idris, Olasunkanmi Abidoye, Olusola Akinboyewa, Isaac
Subi, Japhet Ekwuribe, Solomon Lazarus, Ahmed Dari, Emeka Ashiegbu
and Abdullahi Bello.

3. Others promoted to the rank of Air Cdre include, Yuhana
Katabiya, Gambo Adamu, Alheri Dakwat, Olayinka Oyesola, Adedoyin
Oyenusi, Edward Gapkwet, Friday Ekpah, Luther Kamat, Joktan
Chidama, Felix Uwakara, Mikail Abdulraheem and Ernest Owai. Gp
Capts Glenn Nkanang, Chidiebere Obiabaka, Raphael Ojo, Mohammed
Isah, Ibitoye Ajiboye, Shani Bukar, Wapkerem Maigida, Atang Sambo,
Daniel Akpan, Olanrewaju Oyename, Boniface Ifeobu, Godwin Udoh,
Ayodele Hanidu and Azubuike Chukwuka were also promoted to the rank
of Air Cdre.

4. The Chief of the Air Staff, Air Marshal Sadique Abubakar, on
behalf of officers, airmen, airwomen and civilian staff of the NAF,
heartily congratulates the newly promoted senior officers and urges
them to see the elevation as motivation to re-dedicate themselves
towards more effective and efficient service delivery. The newly
promoted senior officers will be decorated with their new ranks at
a later date.

5. You are please requested to disseminate this information
through your medium for the awareness of the general public. Thank
you for your usual support and cooperation.

IBIKUNLE DARAMOLA

Air Commodore

Director of Public Relations and Information

Nigerian Air Force

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Nigerian Navy Promotes Senior Naval
Officers

The Navy Board on Saturday 9 November 2019 approved the
promotions of 140 naval officers to various senior ranks in the
Nigerian Navy. Breakdown of the promotion released showed that 65
Lieutenant Commanders were promoted to the rank of Commander, 26
Commanders were promoted to Captain, 32 Captains to Commodore and
17 Commodores were promoted to the rank of Rear Admiral.

The newly promoted Rear Admirals are Dickson Olisemenogor,
Elkanah Jaiyeola, Baribuma Kole, Othaniel Filafa, Akinga Ayafa,
Danjuma Moses, Vincent Okeke, Yakubu Wambai, Emmanuel Beckley,
Perry Onwuzulike, Nuhu Bala, Chukwu Okafor, Tanko Pani, Ibrahim
Dewu, Monday Unurhiere, Joseph Akpan and Olumuyiwa Olotu.

The newly promoted Commodores are Kabir Mohammed, Shehu Gombe,
Ibrahim Mohammed, Musa Katagum, Gideon Kachim, Semiu Adepegba,
Pakiribo Anabraba, Bob-Manuel Effiong, Suleiman Ibrahim, Danjuma
Ndanusa, Haruna Zego, Adedotun Ayo-Vaughan, Victor Choji, Mohammed
Dahiru, Nnamdi Ekwom, Stephen Ibrahim, Desmond Igbo, Mohammed Muye,
Kunle Oguntuga, Aniefiok Uko, Olufemi Adeleke, Etop Ebe, Usman
Faruk, Paul Efe-Oghene, Michael Igwe, Ikenna Ubani, Musliu Yussuff,
Samuel Ngatuwa, Omotola Olukoya, Dolapo Shittu, Abiodun Alade and
Emmanuel Anakwe.

The Chief of the Naval Staff, Vice Admiral Ibok-Ete Ibas on
behalf of officers, ratings and civilian staff of the Nigerian
Navy, rejoices with these newly promoted officers and their
families and charges them to rededicate themselves to their
responsibilities and remain loyal to the nation and the
Commander-in-Chief of the Armed Forces of the Federal Republic of
Nigeria, President Muhammadu Buhari GCFR.

SULEMAN DAHUN

Commodore

for Chief of the Naval Staff