By Olukunle Edun Esq. LL.M
The provisions of Sections 3(2), 6(1), Table “C” of Schedule 1of the Delta State Governor and Deputy Governor Pension Rights and Other Benefits (Amendment Law) 2019, is a gross abuse of power of both the Legislature and the Executive (who worked in cahoots with each other) to pass the law. Most the States in Nigeria are equally guilty of this legislative looting.Part 3 of Schedule 2 to the Law provides for the following life benefit for past Governors and Deputy Governors of Delta State, including any former Speaker of the Delta State House of Assembly who either by design or accident acted as Acting Governor, even for one day, to wit:
An officer not below Grade Level 12 shall be the Administrative Officer.
A personal Secretary not below Grade Level 09 who shall be selected by the former Acting Governor and paid by the State Government.
Two armed policemen.
One State Services Officer to be attached for life and paid by the Department of State Services.
One vehicle to be provided by the State Government and replaced every four years, with a driver to be selected by the former Acting Governor but paid by the State Government.
Free medical treatment within Nigeria for the former Acting Governor and his immediate family (number not limited and most likely A-class hospital).
Treatment abroad for former acting Governor and his immediate family, where necessary at the State Government expense.
A well-furnished and equipped office in any location of his choice in the State.
One direct telephone line provided at the expense of the State Government.
These life-time benefits are separate from the huge monetized pensions and gratuities which are mostly 200% of their remunerations and allowances. It is very visible to all that Sections 3(2), 6(1), Table “C” of Schedule 1 and Part 3 of Schedule 2 of the Delta State Governor and Deputy Governor Pension Rights and Other Benefits (Amendment Law) 2019 were made in gross violation of the salient provisions of the Constitution of the Federal Republic of Nigeria, 1999, Cap C23,LFN,2004 (hereinafter called “the Constitution”) and other enabling laws passed by the National Assembly relating to the working conditions of a Governor and Deputy Governor. Section 1(3) of the CFRN provides that“If any other law is inconsistent with provisions of the Constitution, this Constitution shall prevail, and that other law shall to the extent of the inconsistency be void”
Section 124 of the Constitution of the Federal Republic of Nigeria is the only legal authority that authorized the provision of gratuity and pension for Governors and Deputy Governors, and has therefore covered the field in this area to the exclusion of any other provision that a State law may make which may conflict with the Constitutional provision. In the case of A.G. Abia v A.G.Fed(20020 6 NWLR (Pt.763) 264 held (per Kutiji, JSC) the Supreme Court re-emphasized the superiority of the Constitution when it held that“..the Constitution is the mirror upon which our actions or the actions of the National Assembly or any other public institution must be assessed. All actions must reflect the Constitution or else they will be considered as nullity. That being the case, we have to look and see if the said Constitution has made provisions on a particular subject-matter then, no other body can enlarge, alter and curtail the, provisions of the Constitution”.
Now, let us do real business. Section 124 (1,3,4 & 5) of the Constitution (Remuneration, etc., of the Governor and certain other officers) provides
124(1) —There shall be paid to the holders of the offices mentioned in this section such remuneration and salaries as may be prescribed by a House of Assembly, but not exceeding the amount as shall have been determined by the Revenue Mobilization Allocation and Fiscal Commission.
124(3) —-The remuneration and salaries payable to the holders of the said offices and their conditions of service, other than allowances, shall not be altered to their disadvantage after their appointment.
124(4)—-The offices aforesaid are the offices of Governor, Deputy Governor, Auditor General for a State and the Chairman and members of the following bodies, that is to say, the State Civil Service Commission, the State Independent Electoral Commission and the State Judicial Service Commission.
TO BE CONTINUED
