Editorial
"We feel that if the Akwa Ibom State Government deems the law good enough, then it should not be discriminatory but designed to benefit all of the elected public officials, judicial officials as well as civil servants who are equally prone to losing focus on their jobs and accumulating personal wealth."
The Akwa Ibom State House of Assembly on May 26, 2014 passed the bill entitled, "Governors and Deputy Governors Pension Bill 2014". The executive bill was sent to the House on May 15, 2014 by Governor Godswill Akpabio; and it took just 24hours for the bill to scale the House of Assembly. It is expected to take effect from June 1, 2014. This is not the first time the House is passing such a bill in the State. The immediate past Governor, Obong Victor Attah, enacted a similar act. This one, therefore, passes as an amendment on the earlier one.
This bill by the State, and those of other states like Lagos, Gombe, Kebbi, Imo etc are enacted against the provisions of the Revenue Mobilisation, Allocation and Fiscal Commission, RMFAC which is empowered by the constitution to make provisions for all entitlements for public office holders, either in service or retirement.
The outrage which Akpabio's bill has generated is not so much so because he wants pension for himself and the deputy but the innate insensitivity in appropriating such huge benefits to himself in retirement, in the wake of the abject poverty that pervades Akwa Ibom State. How could he think of a bill that would in a year add almost N200 million annually in comfort allowance to former governors of the state per annum? It beats all imaginations.
Though the Speaker, Sam Ikon, has explained that the bill was passed to enable the Governors and Deputy Governors stay focused while in office, we feel it is preposterous since there are no similar provisions for the other arms of government and the civil servants. The Governor need be reminded that since 2007, when he assumed office, the 2007 pensions sheme for public servants in Akwa Ibom State have not been harmonised in line with the constitution of the Federal Republic."
Chapter VI, Part II, Section 173 (3) of the 1999 Constitution stipulates that "pensions shall be reviewed every five years or together with any Federal Civil Service salary reviews, whichever is earlier." Moreover, the Third Schedule, Part I under N, Section 31 (d) of the Constitution empowers the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) to " determine the remuneration appropriate for political office holders including President, Vice President, Governors and Deputy Governors... .", while Section 185 (1) prescribes that a person elected as the Governor of a State shall declare his assets and liabilities on assumption of office. It is not certain the extent to which the pension bill passed by the Akwa Ibom State legislators conforms to these provisions of the Constitution. We feel that as democratic institutions both the executive and legislature should operate by rule of law and constitutionality. Indeed, unfortunately, the legislators in this instance seem to be in defense of the executive instead of the constitution and the people they swore to defend. This, we feel, is a travesty of judicious legislation.
We are saddened by the defense of the Speaker that "the bill seeks ways to motivate the Governors and Deputy Governors to stay focused and not loot public funds, bearing in mind that a provision has been made for them to still access a comfortable life after many years of selfless service. The essence is to encourage them to face their jobs and knowing that even if they cannot build a house of their own, the state has already made a law for them to provide a house for them. And so they would not be bothered about accumulating personal wealth." We feel that if the Akwa Ibom State Government deems the law good enough, then it should not be discriminatory but designed to benefit all of the elected public officials, judicial officials as well as civil servants who are equally prone to losing focus on their jobs and accumulating personal wealth.
This is especially because while the Governor or Deputy Governor may serve for only 4 years or maximum 8 years, these other officials and civil servants may serve for upwards of 35 years. Then also we feel that the bill fails to represent the purpose it seeks to achieve when it is taken into cognizance that a prospective Governor and his Deputy in Nigeria always stake multiple millons of naira to obtain nomination for their candidature and expend even much more in executing the preparations and campaigns for the elections. It is therefore doubtful whether there are still Governors and Deputy Governors in this era who may be destitute after serving out their tenures. Perhaps, a strict enforcement of Section 185 (1) of the Constitution which prescribes that Governors and their Deputies declare their assets and liabilities will help in determining this.
We therefore feel that rather than make such laws as the pension bill, to prevent executive malfeasance, the legislators should reinforce extant laws that will ensure that executive looters of public treasury spend a quality time in jail. This is because the pension bill passed by Akwa Ibom State House of Assembly is so bogus and attractive, and may defeat its purpose by making fiercer the political contests for the office of a Governor or Deputy Governor. We therefore urge the successor to have a rethink on the Pension Bill, which obviously will be signed into law.
Source Daily Independent
No comments:
Post a Comment