Supreme Court To Decide Fate Of Delta State Governors’ Controversial Pension Law

The Supreme Court of Nigeria adjourned for judgment in the suit filed by human rights activist and former National Publicity Secretary of the Nigerian Bar Association, Mr. Olukunle Edun.

The suit challenges the constitutionality of provisions in the Pension Law of Governors of Delta State, which was passed by the State House of Assembly.

The law awards substantial entitlements and benefits to former Governors and Deputy Governors of the State, including residential buildings, vehicles renewed every 4 years, personal staff, security aides, and state-sponsored foreign vacations. Mr. Edun argues that these provisions were not the product of assessment by the Revenue Mobilization, Allocation and Fiscal Commission as required by law.

Both the trial court and the Court of Appeal held that the Plaintiff lacked the locus standi to challenge the unconstitutional provisions and refused to determine the merit of the case.

Renowned human rights lawyer, Mr. Femi Falana, SAN, sought leave of the Supreme Court to appear as an amicus curiae and filed an amicus brief in the appeal. However, the appeal was heard only on the basis of the briefs filed by parties in the appeal.

The Supreme Court’s decision on the issue of locus standi in public interest litigation is expected to be a watershed moment, as many courts still refuse to entertain public interest cases filed by public-spirited persons challenging impunity and unconstitutional actions of various governments and their officials.

Judgment has been reserved by the Supreme Court for July 12, 2024.