Chief Gani Fawehinmi V. President Of The Federal Republic Of Nigeria & Ors (2007)

LawGlobal-Hub Lead Judgment Report

ABOKI, J.C.A.

This is an appeal against the ruling of B.F.M. Nyako, J. of the Federal High Court, Abuja delivered on Thursday, 7th October, 2004 in which the learned trial Judge struck out the appellant’s suit on the basis that the appellant has no locus standi to maintain the action.

The facts of the case are that the appellant as plaintiff in the lower court instituted an action against the respondents seeking for determination of the following questions:-

“(a) Whether any public officer in Nigeria particularly a Minister of the Federal Republic of Nigeria is entitled to be paid yearly salary outside the salary prescribed by Certain Political, Public and Judicial Office Holders (Salaries and Allowances, etc.) Act No.6 of 2002.

(b) Whether any Public Officer in Nigeria particularly a Minister of the Federal Republic of Nigeria is entitled to be paid in Foreign currency outside the currency prescribed by Certain Political, Public and Judicial Office Holders (Salaries and Allowances, etc.) Act No. 6 of 2002.

(c) Whether the authorization by the President of the Federal Republic of Nigeria, 1st respondent, of payment of a Minister’s salary outside that prescribed by the Act of the National Assembly and in foreign currency is not an abuse of power under the Constitution of the Federal Republic of Nigeria, 1999.”

The suit was commenced at the lower Court by an originating summons in which the appellant sought the following reliefs:

“1. A DECLARATION that the 3rd and 4th defendants (Ministers of the Federal Republic of Nigeria) who are Public Officers are not entitled to earn salaries above those prescribed by the – Certain Political, Public and Judicial Office Holders (Salaries and Allowances etc.) Act No.6 of 2002 made on 13th December, 2002 but which is deemed to have come into force on the 29th of May, 1999 .

2. A DECLARATION that no public officer under the “Certain Political, Public and Judicial Office Holders (Salaries and Allowances, etc.) Act No.6 of 2002 made on 13th December, 2002 but which is deemed to have come into force on the 29th of May, 1999, is entitled to receive his or her salary in any other currency other than the Naira.

3. A DECLARATION that the yearly salary of $247,000 (about N36 million) being paid to the 3rd defendant Dr. (Mrs.) Ngozi Okonjo Iweala, the Federal Minister of Finance, is a flagrant violation of Certain Political, Public and Judicial Office Holders (Salaries and Allowances, etc.) Act No.6 of 2002 which prescribes a yearly salary of N794,085.00 for every Minister of the Federal Republic of Nigeria.

4. A DECLARATION that the yearly salary of $120,000 (about N17 million) being paid to the 4th defendant Ambassador Olufemi Adeniji, Federal Minister for External Affairs is a flagrant violation of Certain Political, Public and Judicial Office Holders (Salaries and Allowances, etc.) Act No.6 of 2002 which prescribes a yearly salary of N794,085.00 for every Minister of the Federal Republic of Nigeria.

5. AN ORDER compelling the 3rd and 4th defendants to refund to the Federal Government of Nigeria any amount in excess of the prescribed salary in Certain Political, Public and Judicial Office Holders (Salaries and Allowances, etc.) Act No.6 of 2002.

6. A DECLARATION that the authorization by the 1st defendant (The President of the Federal Republic of Nigeria) of the salaries being paid to the 3rd and 4th defendants in violation of the Certain Political, Public and Judicial Office Holders (Salaries and Allowances, etc.) Act No. 6 of 2002 amounts to an abuse of power which is contrary to:

(a) Section 15(5) of the Constitution of the Federal Republic of Nigeria; and