Socio-Economic Rights and Accountability Project (SERAP) has urged President Bola Tinubu to direct the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) to immediately suspend the patently unlawful and unconstitutional pay rise for political and public office holders in Nigeria, particularly the president, vice-president, governors, their deputies and the country’s lawmakers.
SERAP urged him to reject the imminent pay rise for politicians and encourage the vice-president, governors, their deputies and lawmakers to do the same.
It also urged him to direct the Attorney General of the Federation and Minister of Justice, Mr. Lateef Fagbemi, to ensure full and effective compliance with the judgment of Justice Chuka Austine Obiozor, direct the RMAFC to review downward the salaries and allowances of the members of the National Assembly to reflect the economic realities in the country.
In the letter dated August 23 and signed by SERAP’s deputy director, Kolawole Oluwadare, the organisation said: “The RMAFC’s constitutional and statutory mandates clearly do not imply the unrestrained powers to increase the salaries of the president, vice-president, governors, their deputies and lawmakers.
“Suspending the imminent pay rise for political office holders would serve legitimate public interests. When the exercise of RMAFC’s constitutional and statutory mandates clashes with Nigerians’ fundamental rights, the public interests in upholding these rights ought to prevail.
“Rather than reviewing downwards the salaries of political and public office holders to reflect the current economic challenges in the country, the commission is arbitrarily increasing the salaries for the president, vice-president, governors, their deputies and lawmakers.
“On the basis of the provisions of the Nigerian Constitution, the country’s international human rights obligations and the legal doctrine of reasonableness, the RMAFC has improperly and incorrectly exercised its constitutional and statutory mandates by increasing the salaries of political office holders.
“RMFAC cannot legitimately or justifiably increase the salaries of the president, vice-president, governors and their deputies, and lawmakers at a time when over 133 million Nigerians are poor and several state governments are failing to pay salaries of workers and pensions.
“We would be grateful if the recommended measures are taken within seven days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall take all appropriate legal actions to compel your government and RMFAC to comply with our request in the public interest.
“RMFAC seems to act consistently to give advantage to political office holders over the interests of poor Nigerians. The RMFAC, in the exercise of its constitutional and statutory mandates, ought to balance the interests of the marginalised and vulnerable sectors of the population against the interests of political office holders. “It ought to prioritise cutting the excessive amounts yearly budgeted as allowances for political office holders and life pensions for former presidents, vice-presidents, governors and their deputies, and lawmakers.
“The idea of representative democracy, fairness and equality and non-discrimination would mean little if the salaries of political office holders are arbitrarily increased, while millions of poor Nigerians continue to pass through harrowing times and watch their standards of living plummet.
“The grim condition of many Nigerians is worsened by the deterioration of public services where access to pipe-borne water and affordable health-care remains a dream and the supply of electricity is epileptic and unreliable in an era in which globalisation has made such services ubiquitous and cheap.
“The imminent pay rise for political office holders is a gross violation of the provisions of chapter 2 of the Nigerian Constitution 1999, as amended, relating to fundamental objectives and directive principles of state policy, and the country’s international human rights obligations.
“The combined provisions of chapter 2, and chapter 4 on fundamental rights, particularly section 42, give meaning and substance to the socio-economic rights of Nigerians and their right to equality and non-discrimination. “Directing the RMFAC to suspend the imminent pay rise for political office holders will be entirely consistent with your constitutional oath of office and your oft-expressed commitment, including to work to ensure a better society and the collective sacrifices of us all, as stated in your inauguration speech.
“SERAP also notes your commitment in your inauguration speech to ensure that Nigeria will be impartially governed according to the constitution and the rule of law.
“The RMFAC should properly discharge its constitutional and statutory mandates to monitor the accruals to and disbursement of revenue from the Federation Account and advise the federal and state governments on fiscal efficiency and methods by which their revenue can be increased.
“SERAP supports the upward review of the remuneration, salaries and allowances and conditions of service for Nigerian judges in order to address the persistent poor treatment of judges, and to improve access of victims of corruption and human rights violations to justice and effective remedies.
“The RMAFC chairman, Mohammed Bello, on August 18, reportedly stated the commission’s decision to propose a pay rise for the president, vice-president, governors and their deputies, and lawmakers in Nigeria on the seriously flawed ground that the salaries for these office-holders are ‘paltry.’
“The commission claimed that the review package remains fair, realistic and sustainable, and aligns with the country’s current socio-economic realities.
“According to him, the allocation formula was last overhauled in 1992, saying that there had been several executive adjustments since 2002, but a full-scale overhaul had not been undertaken until now.
“SERAP notes that Justice Chuka Austine Obiozor of the Federal High Court Lagos ordered the RMAFC to review downward and fix the salaries, remuneration or allowances of members of the National Assembly to reflect the economic realities in the country.
“The judgment dated June 4, 2021, followed the consolidated suits brought by Mr Monday Ubani, Mr John Nwokwu, more than 1,500 concerned Nigerians, SERAP, BudgIT and Enough is Enough Nigeria (EiE).
“Under sections 154(1) and 156(3) and paragraph 31, Part I of the Third Schedule to the Nigerian Constitution, Members of the Commission are appointed by the president subject to the confirmation of the Senate.”
