By Uche Nnorom
The eight-year old administration of Governor Samuel Ortom has been mostly defined by controversies. If it is not about herder-farmer clashes, it would be about his akward stance on his political party matters or defending some interests that are not particularly beneficial to the Benue people.
Even at the twilight of his reign, the Benue governor would not let go of controversies in his words and deeds. Having lost his political bid become a Senator after his tenure ends as governor, Ortom has refused to be tamed by the lessons of his electoral misfortune which many had attributed to his reckless public statements and actions.
Barely a month to exit in office, Ortom has remaind in the eye of the storm. The Governor has been accused of official rascality to the distaste and displeasure of the opposition All Progressives Congress, APC, that is waiting by the wings to take over the reins of power in the State.
One nagging issue that has raised concerns and a lot of dust currently in the state is the proposed life pension bill for all former governors and their deputies.
Many politics watchers have condemned the bill, describing it as ‘outrageous’, noting that it is meant to cripple the State.
Director of Communication of the Governor-elect, Rev. Fr. Hyacinth Alia Organization, Kula Tersoo, in a statement dated Monday April 10th, 2023 entitled, ‘Governor Ortom’s plans to deepen Benue woes before and after exit forwards bill to grant him gratuity, pension and other benefits after May 29th, alleged that the outgoing governor has forwarded a bill to the state to grant him and other ex-governors and their deputies life pension and gratutiy. Part of the statement read:
“It has come to our knowledge that the outgoing Governor of Benue State, Samuel Ortom has forwarded a bill to the State House of Assembly that will place ex-Governors, starting with him, on Gratuity, Pension and other benefits.
“The bill also stipulates that after May 29th when he will become ex-Governor, Ortom should be allowed by law to go with some choice property of government in his possession as his post- service package.
“According to the bill, Governor Ortom should be built a Mansion of his taste in any part of the Country he chooses to stay after leaving Government House; his medical trips with those of his family members should be footed by the State in addition to a jumbo monthly pay package.
“Findings revealed that members of the Benue House of Assembly are disposed to passing the bill but on condition that the Governor must give them some gratifications before they will initiate action on the bill which they consider to be more in Governor Ortom’s interest.
“Consequently, it is not appalling that Ortom who has, throughout his time as Governor of Benue State treated pensioners with utmost neglect that slides most of them to destitution now wants to be a pensioner?
“We, therefore, call on all citizens of conscience to intervene by restraining their representatives at the Benue State House of Assembly from initiating any action that will facilitate passing the bill in order not to deepen the despondency of the state.”
Similarly, a Legal
Practitioner, Barr. Terhemen Oscar Aorabee in a piece made available to the media condemned the governor’s pension bill which he tagging it as pension scam.
He highlighted the bill said to have been presented to the Benue State House of Assembly by the Ortom administration.
“Section 1. Establishes the title of the Bill and intends for it to have retroactive effect. It is expected to take effect from 1999 so that it will cover former governors and their deputies, like, Sen. George Akume and late Ogiri Ajene. Sen. Gabriel Suswam and his deputy Steven Lawani, Dr. Samuel Ortom and his deputy Engr. Benson Abounu.
“Section 2(a)(i) makes provision for the payment to the former governors of a monthly “stipend”, equivalent to the “the SALARY” of a sitting/incumbent governor.
“Section 2(a)(ii) makes provision for the payment to all former deputy governors of a monthly “stipend”, equivalent to the “the SALARY” of a sitting/incumbent deputy governor.
“Section 2(b) provides for the building of a permanent residential accomodation in any town “of their CHOICE” by the State in Nigeria.
“Sections 2(c) and (h) provide for the provisions of 4 new cars every 4 years for the former governors and two (2) new cars every 4 years for the former deputy governors which cars shall be serviced and maintained at the expense of the State.
“Section 2(d) and (e)provide for 6 personal staff for the former governors and 3 for the former deputy governors to be paid for by the State.
“Section 2(f) provides for 24 hours security surveillance and guard for all former governors and their deputies at their direction .
“Section 2(g) provides for free medical treatment for them, their spouses and AT LEAST 4 children under the age of 18.
“Section 3 provides that all the above expenses can be MONETIZED or cashed out!
.“Section 4 stipulates that the former governors are entitled to 2 vacations abroad annually and the former deputy governor to 1 vacation abroad.
The lawyer noted that all the above entitlements are for life and all expenses are to be charged on the Consolidated Revenue Fund of the State (meaning that they are on First Line Charge) and are to take priority against other expenses like Salaries, Pensions and Gratuity of the citizen.
He also, opined that all the entitlements except the vacation can be converted into cash and paid out.
While critically examining the bill Barrister Aorabee said Section 1 makes the bill, when passed into law, to have retrospective effect which means that it will be backdated to cover all democratically elected governors and their deputies since 1999.
Hear him,”While I will leave constitutional lawyers to debate on the effect of giving the law backdated efficacy, it is important to note that if allowed to be passed, the State will be owing Governors George
Akume and Gabriel Suswam with their deputies all the entitlements provided for in the Bill/Law.
“Again, the monthly stipends to be paid to the beneficiaries, apart from being for life and backdated, calculated and monetized, are capable of TOTALLY crippling the State Treasury and Economy.
“Remember that the Law DOES NOT say that the stipend should be equivalent to the “BASIC SALARY” of a sitting governor but the “SALARY.” Now my research shows that the monthly basic salary of a sitting governor is N2, 223,794 while the monthly Salary of a sitting governor, comprising allowances etc, is N11,540,896. This means that Sen. George Akume alone, will be entitled to N138,490, 752 per annum from the time he left office till his death. Same for Senator Suswam and Governor Ortom and other governors after them.
“Now multiply N138,490, 752 x 3 former governors in a year alone, you are going to be spending N657,276,456.00 on Ortom, Akume and Suswam alone in 2024 as monthly stipends. (We have not considered the backlog for Akume and Suswam.
The three deputies will take home N440,631,348.00 per annum as monthly stipends.
Add N657,276,456.00 to N440,631,348.00 for the governors and their deputies and you have N1, 097,804.00 (One Billion, Ninety-Seven Million, Nine Hundred and Seven Thousand, Eight Hundred and Four Naira. [This is the stipends of the 3 sets of governors and their deputies for one year alone.
“Next, the governors and their deputies are entitled to 6 vehicles every four years. Let us assume that each vehicle costs N70, 000,000.00 (I am assuming this based on my findings that a Toyota Landcruiser Prado Jeep, 2022 model costs about that much). If you multiply that sum for 6 cars, you will have N420,000,000.00 spent on them every 4 years. We will resist the urge to go on calculating the cost of service of these vehicles for every year. Mind you that the Law does not place a ceiling on the cost of the cars.
“NOTE also that the Bill does not stipulate that the Four year old cars, should be returned to the State Pool in exchange for the new cars.
“Next is the provision for the building of residential accomodations of no prescribed limit in value in any Town of their choice in Nigeria. I assume that nobody would want to have a house built for that purpose in Makurdi, Gbajimba, Anyiin or Wannune. They would rather prefer to have house in Banana Island or Asokoro in Abuja where the cost of buying plain land alone will cost Hundreds of Millions and building could cost a Billion or more.
“What about the medical expenses for them, their spouses and AT LEAST 4 children irrespective of whether the children are biological or not. Once a child reaches the age of 18, he or she could easily be replaced by another “child”. Again the medical expenses are not limited in value or within Nigeria.
“Do we still need to talk about vacations ABROAD? What about the salaries of the 6 and 3 personal staff for life for governors and their deputies?
“Incidentally, the law, which is a a state law that does not override federal laws, provided that a beneficiary shall not take any other entitlement from the State or the Federation, but is silent on refund or penalty for breach of section 5 of the Law.
“Now we all see why this Pension Scam should not be signed into law because it will cripple our economy once it is implemented”, the lawyer warned.
However, despite the outbursts, outcry and condemnation that have trailed the bill, the lawmakers have decided to go ahead with it as it was read for the first time on the floor of the House on April 11th, 2023.
It was learnt that the Assembly members were offered a juicy package of a trip to the US to give the bill an accerelated hearing and ensure that it is passed before the exit of the Ortom administration.
Many political analysts have questioned the rationale of this bill at this time, maintaining that it is ‘ill-conceived’. They said it is a mockery of the pensioners who are been owed 34 months for State retirees and 74 months for local government retirees.
But the governor has severally defended himself saying that when he assumed office, he met a whooping sum of 70 billion debts in pension and gratutiy.
He also, explained that he has domesticated pension matters by setting up the State Pension Board which has so far been able to save over 5 billion naira, stressing that once the state reaches the threshold of 10 billion naira, it can borrow from Pencom to offset the backlog of arrears.
Meanwhile, a group, Incorporated Trustees of Bridges and Hands Foundation has dragged the Speaker Benue State House of Assembly, Benue State House of Assembly, Clerk of Benue House of Assembly and Hon. Attorney General and Commissioner for Justice Benue State before Justice Gyuse of the State High Court, Gboko division over a controversial executive bill.
In the originating summons made available to Weekend Peoples Daily on Tuesday 25th April, 2023, the group is seeking the following determinations:
A determination whether the Executive bill sponsored by the Benue State Government for the maintenance of Former Governors and Deputy Governors is reasonably justifiable in a democracy when civil servants who served the state for 35 years are owned over 35 months of pensions and gratuities.
Whether the Benue State House of Assembly can legitimately legislate on former Governors and their deputies when their entitlements and benefits are decided by the Revenue Mobilisation and Fiscal Commission and paid from the account of the Federation during their terms are Governors and Deputy Governors.
Whether the Benue State House of Assembly will not be acting ultra vires to legislate on the maintenance of Former Governors and their Deputies no legislative item in that regards is provided for in the current legislative list of 1999 Constitution of the Federal Republic of Nigeria (2011 as amended).
Whether the Honourable Court has jurisdiction to restrain the defendants from proceeding with the hearing and passing into law of the executive bill titled “ A Bill FOR A LAW TO MAKE PROVISION FOR MAINTENANCE OF FORMER GOVERNORS OF THE STATE AND THEIR DEPUTIES AND FOR OTHER RELATED MATTERS CONNECTED THERETO upon the determination of questions 1,2 and 3.
The group is also seeking from the court the following declarations:
A declaration that the Executive bill sponsored by the Benue State Government for the maintenance of Former Governors and Deputy Governors of the State and other related matters is unreasonable and unjustifiable in the current democratic and economic situation in Benue State.
A declaration that no item under the concurrent list empowers the defendants to legislate on the maintenance of Former Governors and their Deputy Governors of Benue State who drew their salaries and remunerations from the Federation Account during their tenure of service.
A declaration that Former Governors and Deputies in the State are not retired civil servants in the State to be entitled to pensions and gratuities and other severance under the disguise of maintenance.
A PERPETUAL INJUNCTION restraining the defendants from proceeding with any hearing, be it public, committee or any hearing at all in respect of the executive bill titled “ A BILL FOR A LAW TO MAKE PROVISIONS FOR THE MAINTENANCE OF FORMER GOVERNORS OF THE STATE AND DEPUTIES AND FOR OTHER RELATED MATTERS CONNECTED THERETO.
Hearing of the matter has been fixed for 5th May, 2023.
For a Benue economy that is purely agragrian and with a poor internally generated revenue to augment the federal allocation, can the State afford to dole out such billions of naira (which is more than the entire State budget) to cater for it’s past leaders? That is the mind-boggling question on the lips of Benue indigenes.
