The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit asking the Federal Capital Territory (FCT) High Court to declare the life pension edict/law 2019, passed by the Abuja Municipal Area Council (AMAC) null, void, illegal and unconstitutional.
In the suit filed last Friday, SERAP is also asking the court to restrain and stop AMAC, its chairman; deputy chairman; speaker; legislature and/or their agents from paying life pensions to former officials, and ultimately, to themselves under the edict/law.
SERAP is further seeking an order to direct and compel AMAC, its chairman; deputy chairman; speaker; and legislature to recover all previous payments made under the AMAC life pension edict/law, from those who have already collected pensions, and to return same to the coffers of the council so that the public funds can be spent to provide public goods and services for residents.
“The AMAC edict granting life pensions to ex-officials is a blatant usurpation of the constitutional powers of the National Assembly.
“Unless stopped, AMAC and its officials will spend millions and ultimately, billions of taxpayers’ money on life pensions, the council’s funds that should be spent to address the poor state of basic amenities and deficits in educational institutions, primary healthcare facilities, potable water, sanitation and infrastructural needs of the residents within the council’s area.”
The suit followed SERAP’s open letter dated 11 October, 2019 to Mr Abdullahi Adamu Candido, chairman of AMAC, urging him to: “urgently withdraw and revoke the edict for the unconstitutional and illegal payment of life pensions to former chairmen, vice-chairmen, speakers and other officials of AMAC.”
SERAP is also seeking “a declaration that AMAC and its officials have no constitutional or statutory authority whatsoever to enact any pension edict/law for the benefit of former officials, and ultimately, for their own benefit.”
“Under the pension edict, AMAC’s past council chairmen would receive an annual pension of N500,000; former vice chairmen are to receive N300,000 each while former speakers will be paid N200,000 each,” SERAP noted.
The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Opeyemi Owolabi, read in part: “The edict is entirely inconsistent with the provisions of Item 44, Second Schedule, Part 1 Nigerian Constitution, and to that extent, the law is null, void, illegal and unconstitutional.”
No date has been fixed for the hearing of the suit.
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