By Austin Ogwuda
THE judgment reserved by the Supreme Court of Nigeria, next week, July 12, 2024 precisely in an appeal challenging the constitutionality of the Pension Rights of Governor and Deputy Governor of Delta State Law 2008, passed by the Delta State House of Assembly has suffered setback as it will no longer take place as scheduled.
Some States have since repealed similar Pension Rights thus stopping the payment of pensions to their past governors and their deputies as seen as abbarration. They are Zamfara, Taraba, Kwara, Imo and Abia States.
In the case of Delta State, the Appellant, Mr. Olakunle Ogheneovo Edun had challenged the law at the High Court of Delta State where it was dismissed, which held that Mr. Olakunle Ogheneovo Edun had no locus standi to institute the suit.
Undeterred, Mr. Edun then appealed the High Court judgment to the Court of Appeal Benin Division, which also dismissed the appeal.
He further appealed to the Supreme Court. When the matter came up at the Supreme Court, human Rights Lawyer, Femi Falana SAN, sought the leave of the Court to file a brief as an amicus curiae (friend of the court). The Supreme Court refused to grant the leave as it held that the application by Mr Femi Falana, SAN was not in accordance with the Supreme Court Rules.
At the hearing of the main appeal, the Appellant, Mr Olakunle Edun, represented himself, while Mr. Omamuzo Erebe, Delta State Solicitor-General, led three other lawyers from the State Ministry of Justice in defence of the Delta State Governor and the Attorney-General of Delta State
At the close of hearing held on the 16th of April 2024, the Supreme Court reserved Judgment to 12th July 2024, which will no longer hold.
Reason? The case journeyed from High Court to Supreme Court, apex Court has remitted it back to the Court of Appeal for hearing afresh, The Townhall can authoritatively report.
Hon. Justice Garba Lawal of the Supreme Court who presided, held that Justice Nwosu Iheme, who was then at the Court of Appeal was part of the Panel that heard the appeal at the Court of Appeal.
However, she was not a part of the Panel that delivered the judgment. This made the judgment to be invalid.
To further complicate the matter, according to our credible judicial sources, “when the appeal was heard at the Supreme Court, Justice Nwosu Iheme again sat as part of the Panel. This again was another anomaly, since she was part of the Panel that heard the appeal at the Court of Appeal before her elevation to the Supreme Court”, said the source.
In light of the two problems, the Supreme Court invited Olakunle Edun, the Appellant who represented himself and the Delta State Solicitor-General, Omamuzo Erebe Esq to address them on Monday, the 27th of May, 2024 about the logjam scenarios and the consequent remittal of the case to Court of Appeal to be heard afresh.
So far, the past governors and their deputies enjoying the Pensions Right Law presently in Delta State are Chief James Onanefe Ibori and his deputy Chief Benjamin Elue; Dr. Emmanuel Eweta Uduaghan and deputy Prof Amos Utuama as well as the immediate past governor Ifeanyi Okowa and deputy Deacon Kingsley Otuaro.
Photo caption: ex-Gov Emmanuel Eweta Uduaghan, one of the beneficiaries of the State Pension Rights Law 2008
