Date: 2014-08-27

A suit against the 36 governors and the State Houses of Assembly has  been filed at the Federal High Court, Abuja, challenging the constitutionality of the various state governors and deputy governors’ pension laws.

Thirty eight civil society organisations (CSOs) and two concerned Nigerian citizens filed the suit contending that by virtue of Item 34, Part 1 of the 2nd Schedule of the 1999 Constitution, the National Assembly has exclusive powers to enact laws with respect to the condition and welfare of public officials or any other employee in any part of the federation.

The CSOs also contend that such ‘condition and welfare of public officials’ includes the pension of governors and their deputies.

In the supporting affidavit to the summons, the CSOs stated that the Houses of Assembly of Abia, Akwa Ibom, Bayelsa, Benue, Gombe, Kwara, Kogi, Oyo and Lagos states have already enacted laws stipulating the pensions of their state governors and deputies while the Houses of Assembly of the remaining states already had plans to enact their own laws and/or have already done so but have not made such laws public.

Lead counsel for the CSOs, Mr Chino Obiagwu of the Legal Defence and Assistance Project, which is also a plaintiff in the suit, stated that the Revenue Mobilisation, Allocation and Fiscal Commission Act already covers the field of pensions for public office holders and has therefore deprived the State Houses of Assembly the legislative competence to legislate on such matters.