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SERAP, Pensioners Drag Buhari To ECOWAS Court
The Socio-Economic Rights and Accountability Project (SERAP) and several pensioners’ associations have asked the ECOWAS Court of Justice in Abuja to order the Federal Government led by President Muhammadu Buhari to deduct the pensions, salaries and gratuities of pensioners and workers across several states of Nigeria from the statutory allocations of the indebted state governments.
They also want President Muhammadu Buhari to order the payment of same directly to the pensioners and workers on a-monthly basis.
In the suit marked number ECW/CCJ/APP/39/2017, the plaintiffs are suing over violations of the human rights of workers and pensioners to equality and equal treatment.
They want immediate payment of all outstanding pensions, salaries and gratuities through deductions from statutory allocations of the indebted state governments, and payment of adequate monetary compensation of N50 million to each of the pensioners and workers.
Other plaintiffs joining SERAP in the suit are First Bank of Nigeria Pensioners (Lagos); Mrs Comfort C. Owoha, Joseph Agabi; Osemwenkha G.O and Mrs J.E. Enabunlele. The plaintiffs are suing for themselves and on behalf of their members and other workers and pensioners across the country whose salaries and pensions have not been paid by the states and Federal Government for several months.
In the suit filed on their behalf by Solicitor to SERAP, Femi Falana, the plaintiffs argued that the retirement system in Nigeria violated the right to equal protection of the law and dignity since senior public officials continue to receive “privileged pensions”, salaries and gratuities while the 2nd—7th plaintiffs, their members and several other Nigerian pensioners and workers continue to be denied their entitlements, salaries and gratuities.
They also argued that, “Under international law, Nigeria cannot invoke the provisions of its internal laws or the nature of its federation as justification for its failure to perform a treaty obligation. A fundamental rule of the law of State responsibility is that a State cannot escape its responsibility on the international plane by referring to its domestic legal situation.”
The suit read in part: “Ultimately, the Federal Government cannot escape its responsibility to achieve the effective realization of the rights of Nigerian workers and pensioners to timely and regular payment of salaries, entitlements and gratuities, as it retains ultimate responsibility to ensure the rights of workers and pensioners are fully realized.”
“Workers and pensioners in several states in Nigeria have been victims of violations of civil and political rights and even more severely, of economic, social, and cultural rights. The 2nd-7th plaintiffs and their members and other Nigerian pensioners and workers have experienced extreme poverty, discrimination, social exclusion, stigmatization, and deprivation of protections and entitlements on an ongoing basis due primarily to the failure and/or negligence of the Federal Government to ensure that several states of Nigeria pay accrued pensions, salaries and gratuities.
“By granting the reliefs sought, the ECOWAS Court would be recognizing and reiterating the need for the government and its federating units to protect the rights and interests of the vulnerable, disadvantaged, and marginalized groups.
“Despite their obligations to protecting the human rights of vulnerable, disadvantaged and marginalized individuals and groups, the government has failed to prevent the systematic violation by several states of the federation of a wide range of human rights as a result of the continuing failure and/or negligence to ensure that the states timely and regularly pay workers’ salaries and pensioners’ entitlements and gratuities.
“The government has failed and/or neglected to ensure the timely payment of over 42 months of outstanding pensions and gratuities in Edo State of Nigeria despite Edo State receiving funds in the form of over N29 billion Paris Club refunds between November 2016 and July 2017 from the government.
“The government has since 2013 failed and/or neglected to ensure payment of accrued pensions and gratuities to about 4000 members of the Association of Retired Local Government Staff and Primary School Teachers in Delta State across 25 Local Government Councils of the State, leaving the pensioners to live in extreme poverty.
“Mrs Comfort C. Owoha served for 35 years as staff of the Sokoto State Primary School Board. But payment of her pensions expected to commence in 2001 after verification was inexplicably stopped by the Sokoto State Government.
“The government has failed to exercise due diligence, leading to the refusal and failure of the First Bank of Nigeria PLC to pay its pensioners accrued entitlements and gratuities and when pensions and gratuities are paid the Bank pay as low as N11,000, 13,000 as pensions despite the enormous amount in the Banks’s pension fund.
“The government has since December 2014 failed and/or neglected to ensure that Osun State of Nigeria remits monthly pensions deducted from the contributory pensioners. The government has also failed and/or neglected to ensure regular and timely payment of pensions and gratuities in Osun State, and that contributory pensioners have not been paid since January 2015.
“The government has failed and/or neglected to pay members of the Federal Civil Service Pensioners Association of Nigeria accrued pensions. The government continues to engage the Nigeria Union of Pensioners while deliberately sidelining the Federal Civil Service Pensioners Association of Nigeria and its members. The government is failing and/or refusing to ensure payment by several states of Nigeria of workers’ salaries and pensioners’ entitlements, amounting to billions of Naira in arrears.
“International human rights treaties to which Nigeria is a state party impose obligations on the government to ensure that economic difficulties and times of severe resource constraints cannot be used to undermine the enjoyment of the human rights of workers and pensioners in Nigeria, and disproportionately hurt them.
“The right to timely and regular payment of pensions and salaries is essential, particularly when a person does not have the necessary property available, or is not able to secure an adequate standard of living through old age or economic and social factors.
“According to the Nigeria Union of Local Government Employees (NULGE), 23 states of the federation currently owed workers arrears of salaries ranging from one to 24 months. NULGE gave the breakdown of states as follows: Bayelsa State: 10 to 16 months; Kogi State: between seven to 15 months; Delta State: eight to 14 months; Kaduna State:12 months; Oyo State: three to 11 months; and Edo State: 10 months.
“Others are Abia State: five to nine months; Kwara State: two to nine months; Benue State: nine months; Nasarawa State: seven months; Ondo, Ekiti, Imo States: six months; while Zamfara State has not implemented minimum wage. Adamawa, Rivers, Akwa Ibom, Ebonyi, Plateau States are owing four months; Taraba and Federal Capital Territory: three months while Osun state has been paying half salaries for 24 months; and staff are owed few months in Enugu State.”
“A declaration that the continuing failure and/or negligence of the Defendant to promote and ensure timely and regular payment by several states of Nigeria of pensioners’ entitlements and workers’ salaries and gratuities cannot be justified under any circumstances.
“A declaration that the failure and/or negligence of the Defendant to provide an environment necessary for securing and promoting the enjoyment of the human rights of pensioners and workers at the federal level and in several states of Nigeria to equality and equal treatment; equal protection of the law and non-discrimination; to dignity and independence; is unlawful.
“A declaration that the failure of the Defendant to promote and ensure an effective remedy and reparation for pensioners and workers who have continued to suffer due to the non-payment of pensions, salaries and gratuities by several states of Nigeria is unlawful.
“A declaration that the refusal of the Defendant to ensure the payment of pensions, salaries, and gratuities of the Plaintiffs is illegal and unlawful.
“An order directing the Defendant to respect, protect, promote, and fulfil the human rights of pensioners and workers to timely and regular payment of pensions, salaries and gratuities and therefore, to equality and equal treatment; equal protection of the law and non-discrimination; to dignity and independence; to the respect of the dignity inherent in a human being; to adequate standard of living and well-being; to property; to work; to family life; and to economic and social development.
“An order directing the Defendant and/or its agents to provide effective remedies and reparation, including adequate compensation, restitution, satisfaction or guarantees of non-repetition that the Honourable Court may deem fit to grant to pensioners and workers that have continued to suffer due to the failure and/or refusal by the Defendant to promote and ensure payment by several states of Nigeria of pensioners’ entitlements and workers’ salaries and gratuities.”
A bill to amend the Corrupt Practices and Other Related Offences Act 2000 has passed its second reading in the House of Representatives.
The bill, which mandates compulsory counselling and training for individuals convicted of corruption-related offences, was sponsored by Kayode Akiolu (APC-Lagos) during plenary on Wednesday.
Leading the debate, Mr Akiolu explained that the bill sought to amend Section 67 of the principal act, introducing new provisions that were not part of the original section.
“These additional provisions, found in subsections 2, 3, and 4 of the amendment bill, require judges and magistrates to not only impose imprisonment and/or fines on those convicted of corruption but also mandate a minimum four-week anti-corruption counselling and training.
“The counselling and training will be designed and delivered by the Anti-Corruption Academy of Nigeria (ACAN) and aims to address the psychological factors related to corrupt behaviour,” Mr Akiolu said.
Mr Akiolu emphasised that the training would help reform convicts by addressing their corrupt tendencies and could even transform them into advocates for anti-corruption efforts.
He added that this approach aligned with the reformative aspect of the criminal justice system, which focused on punishment and rehabilitation.
“As per subsection 4, the bill allows magistrates and judges to order convicts to cover the cost of their counselling and training, preventing additional financial burdens on the government,” the lawmaker noted.
Mr Akiolu further argued that if the bill is passed into law, it would strengthen the country’s fight against corruption.
Given the widespread negative impact of corruption, he urged the House to support the bill for the country’s benefit.
Following the debate, Speaker Tajudeen Abbas referred the bill to the relevant committee for further legislative consideration.
The Judiciary and the Media are key pillars of democracy, the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, has said.
Kekere-Ekun made this statement in her address at the 2024 National Conference of the National Association of Judiciary Correspondents (NAJUC).
The CJN was represented by Mr Abdulaziz Olumo, the Secretary of the National Judicial Institute (NJI).
“ The judiciary and the media occupy unique and complementary roles in any democratic society.
“ The judiciary serves as the guardian of justice, equity, and the rule of law, the media acts as the conscience of society, disseminating information, shaping public opinion, and ensuring accountability.
“ Together, these institutions provide checks and balances that strengthen the fabric of democracy,” she said.
Quoting Felix Frankfurter, a former U.S. Supreme Court Justice, she said: free press is not to be preferred to an independent judiciary, nor an independent judiciary to a free press. Neither has primacy over the other; both are indispensable to a free society.”
The CJN said this dynamic interdependence between the judiciary and the media presents opportunities and challenges alike.
“ The media is entrusted with the responsibility of informing the public about judicial activities, the judiciary relies on accurate and ethical reportage to enhance public confidence in its work.
“ However, the inherent power of the media to influence public opinion requires careful management, especially when its focus turns to judicial proceedings.
“ The question posed by Robert J.Cordy, a former Associate Justice of the Massachusetts Supreme Judicial Court, is pertinent here: “What happens when the free press turns its sights on the courts-scrutinizing, sensationalizing, and exposing the frailties of the judiciary while questioning its ethical standards and performance?”
“The media’s capacity to shape narratives and perceptions is undeniable” she said.
Quoting Jim Morrison , she said “Whoever controls the media controls the mind.”
According to her, this underscores the immense responsibility placed on journalists to report truthfully, fairly, and objectively.
“ Unfortunately, the commercialisation of news and external influences have led to the rise of sensationalism-a practice that distorts facts, erodes trust, and undermines the very essence of journalism.
“ Sensationalised headlines, such as the infamous 2016 headline “We raided the houses of ‘corrupt, unholy’ judges, says DSS,” can paint a skewed picture of the judiciary and its officers. Such reporting, often devoid of context, compromises the integrity of the justice system and misleads the public.
“ Closely tied to this is the issue of “trial by media,” where premature and often biased media narratives prejudge cases and infringe on the constitutional rights of individuals” she said.
She added that as Mahatma Gandhi rightly observed, “The sole aim of journalism should be service.” It is imperative for media practitioners to remain steadfast in their commitment to truth and objectivity.
To this end, she advised, the National Association of Judiciary Correspondents to take proactive steps to regulate the activities of its members.
“ This is not merely about enforcing rules but about fostering professionalism and safeguarding the credibility of the media.
“ The judiciary and the media must work as partners in progress.
“ To bridge the gap between these institutions, there is a pressing need for constructive engagement and mutual understanding.
“ Courts can provide the media with guidelines on judicial processes, courtroom decorum, and the nuances of court proceedings.
She noted that globally, courts have adopted initiatives to support the media’s role in reporting judicial matters.
For instance, she said the Supreme Court of Dakota’s media guide outlines protocols for courtroom reporting, while the UK ‘s Media Guidance document provides clarity on access and etiquette for journalists.
“ These examples demonstrate how structured collaboration can enhance the quality of judicial reportage.
“ In Nigeria, we can take a cue from these models by developing a comprehensive media guide tailored to our judicial landscape.
“ This initiative, which would involve inputs from NAJUC and judicial stakeholders, would not only enhance media access to courtrooms but also ensure that judicial activities are accurately and responsibly reported” she said.
She advocated that judiciary correspondents must make deliberate efforts to familiarise themselves with the rules and procedures of the courts.
She added that understanding these frameworks will enable journalists to navigate the complexities of judicial proceedings effectively and responsibly.
“ Training programs such as this conference play a crucial role in equipping judiciary correspondents with the knowledge and skills needed to report judicial matters accurately.
“ The theme of this year’s conference, “The Role of Courts in Enforcement of Judgments,” is both timely and significant, as it addresses an aspect of judicial work that is critical to upholding the rule of law and ensuring justice.
“ I commend NAJUC for its commitment to promoting accountability and transparency through its engagements with the judiciary.
“ As I conclude, I must emphasize the importance of credible journalism in strengthening public trust in the judiciary” she said.
She urged judiciary correspondents to prioritise the pursuit of truth and objectivity, resist undue influences, and remain steadfast in their commitment to ethical standards.
She commended the leadership of NAJUC, under the chairmanship of Mr Kayode Lawal, for its efforts in promoting professionalism among judiciary correspondents.
The Senate has issued an arrest warrant for the Managing Director of Julius Berger Nigeria Plc, Dr Peer Lubasch, to appear before its Committee on Works.
The Tide’s source reports that the warrant was for Lubasch to explain the utilisation of funds appropriated for the reconstruction work on Calabar-Odukpani-Itu highway.
The warrant followed the adoption of a motion sponsored by Sen. Osita Ngwu (PDP- Enugu) and co-sponsored by Sen. Asuquo Ekpenyong (APC-Cross River) and Sen. Mpigi Barinada (PDP- Rivers) at plenary in Abuja, yesterday.
Ngwu, in the motion said, that the senate had mandated the committee on works to conduct investigation into the state of road infrastructure across the country.
He said that in furtherance to the investigative hearings, Julius Berger refused to honour invitations to provide details of its role in the Calabar-Odukpani-Itu highway project, in spite of receiving substantial public funds.
He said that this was worrisome, given the alarming discrepancies in performance among contractors on the project, with specific reference to Julius Berger for failing to meet delivery timelines.
Ngwu said it was the constitutional powers of the National Assembly under Sections 8 and 89 of the 1999 Constitution, as amended, to conduct investigations on any person or organisation responsible for administering public funds.
He said that the powers set out in section 6 of the legislative powers and privileges act empowered the Senate to issue warrants of arrest on persons in contempt of its proceedings.
The Tide source reports that the senate further ruled that President of the Senate, Godswill Akpabio, should sign the warrant, mandating the Julius Berger managing director to appear on a date to be communicated.
Akpabio said that the senate’s decision was in line with its constitutional powers under Section 89 of the 1999 Constitution (as amended).
“This senate will not tolerate the continued disregard of its authority.
“The managing director of Julius Berger must appear before the relevant committee, failing which further actions will be taken as prescribed by the constitution.
“The point of order, which was supported by the majority of the senators, highlighted the importance of upholding the integrity of the legislature.
“The senate committee will submit its findings to the National Assembly after the MD’s appearance.
“If there is any further failure to comply, we shall take the necessary steps to ensure respect for the constitution and the rule of law,” Akpabio said.