From Uche Nnorom, Makurdi
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.
Recall that recently, Governor Samuel Ortom sent an executive bill to the Benue State House of Assembly titled “A BILL TO MAKE PROVISIONS FOR THE MAINTENANCE OF FORMER GOVERNORS OF THE STATE AND THEIR DEPUTIES AND OTHER RELATED MATTERS CONNECTED THERETO” that seeks to provide life pension for former governors and deputy governors in Benue State.
The bill has been read for the first time at the floor of the House
In the originating summons made available to 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.
