The Lagos State House of Assembly has said it will continue to pay juicy pension to former governors of the state, as it would not repeal the state’s pension law which allows former governors and other public office holders to receive pensions from state coffers.
Chairman, House Committee on Information and Strategy, Mr Tunde Braimoh, who disclosed this to News Agency of Nigeria (NAN) on Sunday, noted that Lagos Assembly would not go the way of the Zamfara Assembly which recently repealed pension law for its former governors.
A Federal High Court in Lagos had recently ordered the Federal Government to recover pensions collected by former governors now serving as ministers and members of the National Assembly.
The court had also directed the Attorney General of the Federation, Mr Abubakar Malami, to challenge the legality of states’ pension laws permitting former governors and other ex-public officials to receive such pensions.
Braimoh, however, according to NAN, faulted the court ruling that ordered Malami to take immediate legal action toward the abolishment of state laws that permit “former governors to enjoy governors’ emoluments while drawing normal salaries and allowances in their new political offices.”
He argued that as long as the law did not contravene the constitution, state assemblies had the right to make laws for the benefit of the society in which they operate.
Brimoh maintained that separation of powers as enshrined in the constitution empowers the legislature to make laws, the executive to implement and the judiciary to interpret the laws.
“The Supreme Court had made it clear several times that no arm of government can repeal the constitutional provisions of another arm of government,” he told NAN.
“Therefore, legislators make laws that are in tune with the yearnings and dynamics of their society. Until another legislature comes to alter, review or amend the law, the law is meant to be obeyed.
“The judiciary cannot pronounce that a law by the state is unconstitutional unless such state law is contradictory to the constitution.”
Braimoh said he was not aware of any law that restricted state assemblies from making laws for the provision of welfare package of former governors and public office holders.