Dr. (Mrs.) Ngozi Okonjo-iweala v. Mr. Saheed Fawehinmi & Ors (2025)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

STEPHEN JONAH ADAH, JSC (Delivering the leading judgment)

This appeal is against the judgment of the Court of Appeal, Abuja Judicial Division, delivered on the 20th day of July, 2007, in appeal No: CA/A/190/2004.

The lower court, in its decision allowed the appeal of the 1st respondent herein against the decision of the Federal High Court, Abuja in suit No: FHC/ABJ/CS/85/2004, delivered on 7th day of October, 2004.

The trial court had earlier in its judgment upheld the appellants preliminary objection and struck out the 1st respondent/plaintiff’s suit on the ground of lack of locus standi by the 1st respondent herein.

The 1st respondent herein by a court order was substituted for his late elder brother, Mr. Mohammed Fawehinmi, who died on the 11th August, 2021, while his said elder brother was earlier and originally substituted for Chief Gani Fawehinmi, SAN, who died on September, 2009, during the pendency of this appeal.

The suit leading to this appeal was commenced via an originating summons dated 25th day of February, 2004, at the trial court wherein the 1st respondent Chief Gani Fawehinmi, SAN, (now deceased) sought for the 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 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 defendant of payment of a Ministers salary outside that prescribed in an Act of the National Assembly and in a foreign currency is not an abuse of power under the Constitution of the Federal Republic of Nigeria, 1999.

Upon the determination of the above questions, the 1st respondent, sought for 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 Naira.
3. A declaration that the yearly salary of $247,000 (about N36 Million) being paid to the 3rd defendant, Dr. (Mrs.) Ngozi Okonjo-lweala, the Federal Minister of Finance is a flagrant violation of certain Political, Public and Judicial Office Holders (Salary and Allowances, etc) Act No. 6 of 2002 which prescribed 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 of 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 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 Holders (salaries and allowances, etc) Act. No. 6 of 2002.
6. A declaration that the authorization by 1st defendant (the President of the Federal Republic of Nigeria) of the salaries 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

(b) Section 153 of the Constitution of the Federal Republic of Nigeria which empowers the; 2nd defendant to determine the remuneration appropriate for political office holders, including the President, Vice President, Governors, Deputy Governors, Ministers, Commissioners, Special Advisers, Legislators and the holders of the offices mentioned in section 84 and 124 of the Constitution and in pursuant of which an Act titled: Certain Political, Public and Judicial Office Holders (Salaries and Allowances, etc) Act No. 6 of 2002 was promulgated.

7. An injunction restraining the Federal Government of Nigeria, its agents, servants, privies or howsoever called particularly the 1st defendant from paying Ministers or any other Public Officers covered by the Certain Political Public and Judicial Officer Holders (Salaries and Allowances, etc) Act No. 6 of 2002 outside the salaries prescribed in the said Act.

The 1st respondents originating summons was supported by a 13 – paragraph affidavit dated and filed on the same day. Subsequently, he filed a 6-paragraph further affidavit dated 26th April, 2004 with an exhibit marked exhibit Gani 1.

The appellant herein with the 2nd respondent and 4th respondents filed notices of preliminary objection dated 10th March, 2004, praying that the suit of the 1st respondent be dismissed or struck out for lack of locus standi of the 1st respondent.