Friday, 29 July 2016

Double pensions: Nigerians react


Sagay
Chairman, Presidential Advisory Committee Against Corruption, Prof. Itse Sagay (SAN)
Senior Advocates of Nigeria, public affairs analysts and pension experts comment on the collection of double pensions by some serving public office holders
One could get pensions from two different sources. If a person works for a public institution, retires and joins a private organisation and retires, he can get pensions from both organisations. But if the two places are public institutions, it is wrong. What the person needs to do is to merge his service so that he can get a single pension. Most times, this is caused by ignorance. If one works in two public service institutions, one is supposed to merge them so that one can receive a single pension.
You would be surprised that the person would earn more if he merges the two. This is because pension is determined by the number of years in service. It may not necessarily be a crime. If somebody collects pension from a state and another from the Federal Government, there is no conflict. Where conflict may arise is when he collects pension from the Federal Government and salary from the same government. One cannot earn two incomes from the same government at the same time.-Prof. Itse Sagay (Chairman, Presidential Advisory Committee Against Corruption)
I think it is something the Revenue Mobilisation Allocation and Fiscal Commission should sort out. But I consider it immoral for a public officer to take pensions from two public sources or collect pension and salary from two public institutions that are under the control of the Federal Government. That should be considered as corruption.
Unfortunately, those who benefit from the system have found their way into the institution that should address the issue. Some of those people are in the National Assembly. That puts us in a tight situation. I only hope that Nigerians would one day confront the National Assembly about the situation.
What the lawmakers are doing is immoral and evil. I think it would end when Nigerians choose to take back their country. From what has happened in recent months, I don’t see the current National Assembly doing what is required to develop the country. And if we leave the National Assembly alone, I do not see the country going anywhere.
People argue that one can collect pensions from state and federal government at the same time. That should not be. What governors and president, whether serving or former, earn is fixed by the RMAFC. That is the central body that fixes the salaries of all public officers.
The salaries of governors, ex-governors, the President, ex-presidents, state lawmakers, federal lawmakers and local government chairmen are fixed by the RMAFC. If the RMAFC says that an ex-governor who is in the Senate cannot earn salary in his current position because he collects pension as an ex-governor, there is nothing anybody can do about it. Where we should tackle the problem is at the RMAFC level.
Unfortunately, the only body that should oversee the commission is the National Assembly. Since the lawmakers are the ones indulging in the act, why would they move against what the commission is doing? My position is that sovereignty resides with the people and the National Assembly. The National Assembly uses delegated sovereignty. So, if it refuses to do what the people want, the people can take back their sovereignty. While the National Assembly oversees the executive, the people, in turn, could check the National Assembly. If Nigerians demand that the National Assembly should do the right thing, the National Assembly does not have a choice. But the challenge is that the people have decided to sit back and watch. Nobody takes responsibility by asking the National Assembly to do the right thing.- • Collins Okeke (National Coordinator, Human Rights Law Service)
An individual cannot collect pensions from two different institutions that are funded by the same government. Doing so is tantamount to stealing. It is like what many people do overseas. They register with different local governments to collect welfare allowances. It is stealing and punishable under the law for public officers to collect pensions from two sources. It is the highest level of fraud.
It is also wrong for an ex-governor who serves in the Senate to collect salaries and pension at the same time. There are some lawmakers in the National Assembly, who had served as military administrators and as civilian governors. For such people, drawing multiple incomes from the Federation Account is wrong. It constitutes a drain on the public purse and it should not be allowed to continue because it is unfair to Nigerians.
Public officials who have served in multiple capacities should not collect salaries and pensions from multiple sources. Such persons should let go of their former official incomes and stick to the present one they are receiving, that is, if they prefer their present incomes to the past. The law should not spare people who receive salaries and pensions from multiple sources because it is absolutely criminal. If they prefer their current salaries and allowances, they should forgo their pensions.-Pastor Adedeji Adeleye (Executive Director, Independent Advocacy Project)
I believe it is not proper. I have taken somebody to court over the matter; I hope my opinion does not affect the court proceeding. I believe it is not proper for an individual to collect pensions from two different public institutions. If you look at the Code of Conduct for Public Officers, you would know that it is a practice that is prohibited.
To avoid this conflict, we should enforce existing laws. We have laws, but poor enforcement is a challenge. It is difficult to try a ‘big man’ in Nigeria. Everybody sees prosecution for corruption as political persecution. Nobody wants to do the right thing. But we can stop the problem by enforcing existing laws. • Rotimi Jacobs (A Senior Advocate of Nigeria)
Well, it depends on the angle one looks at the issue. Viewed from the principle of natural entitlement, it is justifiable – considering the fact that both incomes are earned. Take for instance, a retired permanent secretary who is now a governor or a senator, such a person could earn incomes from two sources. His pension is his legitimate pay, coming from years of contributory scheme from his salaries and government. It is envisaged that after retirement, he would be too old to engage in any economic activity. So, the money is earned.
No law prevents an individual from engaging in another economic activity after retirement if one has the ability to do so. The retired permanent secretary, in the example given, could have chosen to be a contractor, or do another business to earn more incomes. Is it fair to stop the individual’s legitimate pension just because he is now earning money from his extra effort? That would be both immoral and illegal. The same thing applies to a scenario where a retired permanent secretary holds a public office, which has legally-approved pay package.
 But looking at the issue from the point of sacrifice and statesmanship, one could advise based on morality. In this case, the public servant involved should let go of one of the revenue streams to free up funds for other pressing public matters. This is even more important during an economic meltdown like the one the nation currently faces. In a situation where many public workers are owed salaries that run into several months, it is not morally justifiable for a public servant to earn two streams of income from government.
The worst scenario has to do with senators who are former governors. They earn pensions as ex-governors while being paid regular salaries as senators. This should be looked into and the appropriate laws should be made to reverse the trend. Unfortunately, those who are supposed to make such laws are the beneficiaries of the immoral act.-Akemokue Lukman (Executive Director, Trade and Investment, Edo State Governor’s Office)
Collecting pensions from two government offices is not in order. That is what I can say on the issue. But one has to find out the truth about the allegations against some public officers before one could make a specific comment. In general terms, I believe things should not happen that way; it is not a normal order.
As I said earlier, one would be able to make a clear statement on what needs to be done after studying the issues.
The Pension Reform Act 2014 covers almost everything about pension. There may not be any need for reforms now. Further reforms may come much later if we have any need for them. But we do not need them now; the current law is capable of addressing the current challenges.- • Susan Oranye (Executive Secretary, Pension Fund Operators Association of Nigeria)
(Compiled by Geoff Iyatse)


source: punch

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