Key Issues In Enugu State Gubernatorial Pension Bill 2021

By Osita Enwe

Mainstream media reports of Enugu State House of Assembly’s
11.03.2021, first hearing on the Gubernatorial Pension Bill, 2021,
apparently omitted to inform the public that Enugu State
Gubernatorial Pension Bill, 2021, (the “Bill”) seeks to repeal
Enugu State Gubernatorial Pension Law, 2007, as well as to
introduce crucial amendments.

In Enugu State as well as in over 22 States in Nigeria, past
governors and their deputies earn fat pensions from the lean
coffers of tax payers. The unquestionable validity of legislations
on pensions to former governors and deputies received judicial
imprimatur in the case instituted by the Registered Trustees of
Human Development Initiatives & 39 Others against the Governor of
Abia Incorporated State & 73 Others (Unreported Suit No.
NICN/ABJ/47/2019 delivered on 23.01.2020) here referred to as the
“Judgement”.

Michael Dugeri’s scholarly work on “Legal Validity of State
Pensions Laws for Political Office Holders in Nigeria
(https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3545797&download=yes^[1]) is very
instructive on the subject of invalidity of former governors and
deputies’ pension laws.

The Judgement appears to be more elaborate in view of its
thoroughness and combined reading of constitutional provisions. In
our view, it appears weightier than the earlier judicial
pronouncements of the Federal High Court and National Industrial
Court of Nigeria, that legislations on former governors and
deputies’ pension enacted by respective State House of Assembly
were unconstitutional. Such judicial pronouncements included orders
that pensions paid thereto were to be recovered from the
pensioners.

Given the validity of pension laws enacted by State House of
Assembly, should we place both hands on our heads and retire home –
to what appears to be a home for most Nigerians? Leaving the
fledgling economies of most States in Nigeria to
politicians-marauders of our social institutions – some States are
evidently near bankruptcy given their inability to pay the
increased (paltry) minimum wages punctually.

Could Nigerian Courts intervene to rescue Nigerians from the
legislative rascality of, largely, all members of the various State
House of Assembly who are apparently finely-hand-picked by the
executive arm of government. Well, Nigerians distrust the
constitutionally provided independence of the judiciary yet the
judiciary is the last hope of the Nigerian people. Perhaps, the
judiciary may take into account the cultural and social harm done
by the “fine boys” of the State House of Assembly at the “bidding
of their lord” and read pension into the meaning of remuneration
under the Exclusive legislative list in the 1999 Constitution (as
Amended) and strike down all the public officers’ pension laws in
Nigeria as unconstitutional.

On 31.12.2019, Enugu State Government’s outstanding domestic
expenditure arrears was at the sum of ₦24,252,954,596.73 (twenty
four billion two hundred and fifty two million nine hundred and
fifty four thousand five hundred and ninety six Naira seventy three
Kobo) – these were solely outstanding gratuities & pensions owed to
retired workers from 2010 to 2019
(https://www.enugustate.gov.ng/wp-content/uploads/2020/07/DOMESTIC-EXP.-2019.pdf^[2])

Bede Chukwuekezie approximates Enugu State’s annual expenditure
that will arise from the Bill when Governor Ifeanyi Ugwuanyi
promptly signs it into law at ₦1.153 billion yearly pension and
₦1.250 billion for vehicles (https://mobile.facebook.com/story.php?story_fbid=10225574016834684&id=1155607910&_rdc=1&_rdr^[3])

Notably, Vanguard report on 05.06.2019 stated that a retired
primary school teacher in Enugu State, Mr. Onyekachi Okolie’s
pension was unpaid to him for about 36 months in spite of urgent
medical attention (https://www.vanguardngr.com/2019/06/sick-enugu-pensioner-cries-out-for-payment/^[4]) – the
Motion, if any, moved on the floor of Enugu State House of Assembly
by the honourable member that represents Mr. Okolie, following the
Vanguard report is not in the public square.

Interestingly, well-meaning Nigerians together with civil
societies should close rank against passage of the Bill into law.
Social pressure and public debates – in-person and virtual – on the
impropriety of the Bill appears to be an imminent way to stop the
Bill being passed into law.

Enugu State Governor appears – expressed modestly – to be
amenable to social pressure in the manner of an ostrich. To look to
the judiciary for salvation is an arduous journey in view of its
reluctance to interfere on issues touching on any bills before a
legislative house as well as the precarious 3 months pre-action
notice that the Houses of Assembly require for any law suit against
it.

The Government of Enugu State, has shown more audibly, its true
response to the global coronavirus pandemic that has further robbed
Nigerians off basic necessities of food, clothing, shelter – and
electricity. The State Government seeks to fatten the calf by all
means – an affront to the sanity of a weakened people.

This is our early morning call to you and the rest of us not to
supinely criticize any self-seeking policies and legislations such
as the Bill, but to snap out of our reverie, close ranks and
unanimously denounce the Bill by way of debates, protests, media
campaigns, for what it is, a robbery of our fathers’ social values
that include industry, diligence, reward, benefit,
remuneration.

Written by Osita Enwe

@OsitaEnwe on Twitter

By Osita Enwe

Mainstream media reports of Enugu State House of Assembly’s
11.03.2021, first hearing on the Gubernatorial Pension Bill, 2021,
apparently omitted to inform the public that Enugu State
Gubernatorial Pension Bill, 2021, (the “Bill”) seeks to repeal
Enugu State Gubernatorial Pension Law, 2007, as well as to
introduce crucial amendments.

In Enugu State as well as in over 22 States in Nigeria, past
governors and their deputies earn fat pensions from the lean
coffers of tax payers. The unquestionable validity of legislations
on pensions to former governors and deputies received judicial
imprimatur in the case instituted by the Registered Trustees of
Human Development Initiatives & 39 Others against the Governor of
Abia Incorporated State & 73 Others (Unreported Suit No.
NICN/ABJ/47/2019 delivered on 23.01.2020) here referred to as the
“Judgement”.

Michael Dugeri’s scholarly work on “Legal Validity of State
Pensions Laws for Political Office Holders in Nigeria
(https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3545797&download=yes^[1]) is very
instructive on the subject of invalidity of former governors and
deputies’ pension laws.

The Judgement appears to be more elaborate in view of its
thoroughness and combined reading of constitutional provisions. In
our view, it appears weightier than the earlier judicial
pronouncements of the Federal High Court and National Industrial
Court of Nigeria, that legislations on former governors and
deputies’ pension enacted by respective State House of Assembly
were unconstitutional. Such judicial pronouncements included orders
that pensions paid thereto were to be recovered from the
pensioners.

Given the validity of pension laws enacted by State House of
Assembly, should we place both hands on our heads and retire home –
to what appears to be a home for most Nigerians? Leaving the
fledgling economies of most States in Nigeria to
politicians-marauders of our social institutions – some States are
evidently near bankruptcy given their inability to pay the
increased (paltry) minimum wages punctually.

Could Nigerian Courts intervene to rescue Nigerians from the
legislative rascality of, largely, all members of the various State
House of Assembly who are apparently finely-hand-picked by the
executive arm of government. Well, Nigerians distrust the
constitutionally provided independence of the judiciary yet the
judiciary is the last hope of the Nigerian people. Perhaps, the
judiciary may take into account the cultural and social harm done
by the “fine boys” of the State House of Assembly at the “bidding
of their lord” and read pension into the meaning of remuneration
under the Exclusive legislative list in the 1999 Constitution (as
Amended) and strike down all the public officers’ pension laws in
Nigeria as unconstitutional.

On 31.12.2019, Enugu State Government’s outstanding domestic
expenditure arrears was at the sum of ₦24,252,954,596.73 (twenty
four billion two hundred and fifty two million nine hundred and
fifty four thousand five hundred and ninety six Naira seventy three
Kobo) – these were solely outstanding gratuities & pensions owed to
retired workers from 2010 to 2019
(https://www.enugustate.gov.ng/wp-content/uploads/2020/07/DOMESTIC-EXP.-2019.pdf^[2])

Bede Chukwuekezie approximates Enugu State’s annual expenditure
that will arise from the Bill when Governor Ifeanyi Ugwuanyi
promptly signs it into law at ₦1.153 billion yearly pension and
₦1.250 billion for vehicles (https://mobile.facebook.com/story.php?story_fbid=10225574016834684&id=1155607910&_rdc=1&_rdr^[3])

Notably, Vanguard report on 05.06.2019 stated that a retired
primary school teacher in Enugu State, Mr. Onyekachi Okolie’s
pension was unpaid to him for about 36 months in spite of urgent
medical attention (https://www.vanguardngr.com/2019/06/sick-enugu-pensioner-cries-out-for-payment/^[4]) – the
Motion, if any, moved on the floor of Enugu State House of Assembly
by the honourable member that represents Mr. Okolie, following the
Vanguard report is not in the public square.

Interestingly, well-meaning Nigerians together with civil
societies should close rank against passage of the Bill into law.
Social pressure and public debates – in-person and virtual – on the
impropriety of the Bill appears to be an imminent way to stop the
Bill being passed into law.

Enugu State Governor appears – expressed modestly – to be
amenable to social pressure in the manner of an ostrich. To look to
the judiciary for salvation is an arduous journey in view of its
reluctance to interfere on issues touching on any bills before a
legislative house as well as the precarious 3 months pre-action
notice that the Houses of Assembly require for any law suit against
it.

The Government of Enugu State, has shown more audibly, its true
response to the global coronavirus pandemic that has further robbed
Nigerians off basic necessities of food, clothing, shelter – and
electricity. The State Government seeks to fatten the calf by all
means – an affront to the sanity of a weakened people.

This is our early morning call to you and the rest of us not to
supinely criticize any self-seeking policies and legislations such
as the Bill, but to snap out of our reverie, close ranks and
unanimously denounce the Bill by way of debates, protests, media
campaigns, for what it is, a robbery of our fathers’ social values
that include industry, diligence, reward, benefit,
remuneration.

Written by Osita Enwe

@OsitaEnwe on Twitter