Ise-Oluwa Ige
20 November 2008
Incumbent Governor of Gombe State, Alhaji Muhammad Danjuma Goje and his Deputy, Dr John Lazarus Yoriyo, yesterday, begged a Federal high court sitting in Abuja to validate the controversial N300million they both collected as pension at the end of their first tenure in office in May 2007.
Goje collected N200, 072,505.00 while his deputy received N199, 025,388.00 respectively as pension allowance.
The Revenue Mobilisation Allocation and Fiscal Commission (RMFAC) has written them to refund the monies into the coffers of the state government with immediate effect on the account that it was illegal.
But the duo who said they were not in the mood to return the controversial pension to the treasury of Gombe state as directed by RMFAC cited Gombe State Executive Pension (Amendment) Law 2008 as reason.
The said Pension Law was enacted by the Gombe State House of Assembly in May 2007, barely few days to the May 29, 2007 hand-over date.
The said law empowers every sitting governor in the state to draw the said amount from the lean account of the state as pension.
By the intendment of the law, both Goje and his Deputy, Yoriyo will milk another N300million from the state treasury at the expiration of their on-going second term in office.
Besides the civil suit, both Governor Goje and his Deputy, Dr Yoriyo, have instituted a separate N750million libel suit against RMFAC before the same high court for allegedly daring them to refund the said pension on the account that it was illegal.
They contended that the letter by RMFAC asking them to refund the said pension portrayed them as corrupt politicians who embezzle public funds and incapable of being entrusted with leadership.
They said that ordinarily, they would have allowed the sleeping dog to lie but for their reputation, image and ambition to hold higher offices in this country later in future.
Vanguard recalls that the payment of the controversial N300million pension by the state government to the two serving public officers had generated a lot of controversy.
The Revenue Mobilisation Allocation and Fiscal Commission (RMFAC) was one of the several persons and institutions that reacted to the payment.
RMFAC, had, at the time, asked Governor Danjuma Goje of Gombe State and his Deputy, Dr. John Yoriyo to refund the N300m which both of them allegedly collected as pension.
The commission, in a letter by its Chairman, Alhaji Hamma Tukur to the governor, said that the payment was wrong and should be returned to government coffer.
The commission, in the letter with reference number RMAF/FEF/64/1/48 and dated August 18, entitled Re: Payment of Pension, said that the copy of the letter was being sent to all serving governors to serve as a guide.
RMAFC said that it was wrong for the two government officials to have collected pension allowances when they were still in office.
The letter reads: "Your Excellency may recall that major Nigerians news media carried the reports of certain payments made to your self and your deputy.
"The Gombe State House of Assembly cited the report of the Revenue Mobilisation Allocation and Fiscal Commission as a basis for its enactment of the pension law 2007and 22008, and the subsequent payment.
"The commission in a letter to all the State Houses of Assembly in 2006, advised on the need to enact pension law for governors and their deputies that "a person (governor or deputy) shall not be entitled to any pension allowances or privileges under the state, if at the material time, he holds any elective office.
"Your Excellency, the report of the commission (the Revised Remuneration package for political, pubic and judicial office holders 2007) which the Gombe State House of Assembly claimed to have based the state's pension law upon, did not include anything on pension.
"The House mistook severance allowance for pension allowance. Having successfully completed your first term in office, you are entitled to only severance allowance at the rate of 300 per cent of your annual basic salary.
"The payment of pension to you while serving your second tenure as the governor and deputy governor does not have he backing of the law.
"Apart from not heeding to the advice of the commission as stated in paragraph two (2) above, the payment violated even the Gombe State Executive Pension (Amendment Law) 2008 Section 4 (1) which clearly states that pension should be paid at the end of your tenure."
But aggrieved by the tone and tenor of the letter, both Goje and his Deputy, Yoriyo, instructed the Chambers of J K Gadzama (SAN) to file two separate suits against RMFAC.
The first suit was to secure an order validating the payment; a separate order declaring as illegal and incompetent the letter written to them by RMFAC while the second suit was to procure an order from the court compelling RMFAC to pay them N750million damages for allegedly defaming them.
They named RMFAC, its Chairman and Engineer Hamman Tukur who signed the letter sent to them requesting them to refund the said pension as defendants in the case.
The matter was to come up yesterday before Justice Adamu Bello of the Federal high court Abuja but for the absence of the trial judge in court.
RMFAC has however entered appearance in the case, planning to join issues with the two public officers.
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