A human rights activist and a former National Publicity Secretary of the Nigeria Bar Association, Mr Olukunle Edun, filed the case in which he is challenging the judgements of the lower courts for refusing to hear on the merit the suit he filed challenging the constitutionality of some of the provisions of the Pension Law of Governors of Delta State. 

The Supreme Court of Nigeria on Wednesday reserved judgment on the appeal arising from judicial battle over the constitutionality of the law, awarding controversial pension to former governors of Delta State.

A human rights activist and a former National Publicity Secretary of the Nigeria Bar Association, Mr Olukunle Edun, filed the case in which he is challenging the judgements of the lower courts for refusing to hear on the merit the suit he filed challenging the constitutionality of some of the provisions of the Pension Law of Governors of Delta State. 

The pension law was passed by the state House of Assembly awarding bogus entitlements and benefits to former Governors and Deputy Governors of the state.

The Court reserved the 12th of July, 2024, for judgement in the suit. 

The appellant in appeal, marked as Olukunle Ogheneovo Edun v. Governor of Delta State & Anor. Appeal No. SC/961/2019, is seeking a reversal of the Court of Appeal ruling, refusing to hear the appellants suit against the pension law, on merit.

Both the Court of Appeal and the trial court had held that the plaintiff lacked the locus to challenge the constitutionality of the law and declined to determine the merit of the case.

In the original suit, he is challenging the constitutionality of some of the provisions of the Pension Law of Governors of Delta State, which was passed by the State House of Assembly.

The provisions, award alleged bogus entitlements and benefits to former Governors and Deputy Governors of the State, including residential buildings, several vehicles to be renewed every four years, personal staff, security aides, state sponsored foreign vacations, all at the expense of the state.

Edun is contending that the benefits but were not product of assessment by the Revenue Mobilization, Allocation and Fiscal Commission as required by law.

However, at the hearing of the appeal by the Supreme Court, a rights lawyer, Mr. Femi Falana, SAN sought leave of the Supreme Court to appear as an amicus curia and accordingly filed an amicus brief in the appeal. 

However, the appeal was heard only on the basis of the briefs filed by parties in the appeal.

From arguments in the briefs filed by the parties and Mr. Falana, the decision of the apex court on the issue of locus standi in public interest litigation would be a watershed.

Many courts still refuse to entertain public interest cases filed by public-spirited persons who challenge alleged impunity and unconstitutional actions of governments at different levels and their officials.

Judgment was reserved for July, 12, 2024.

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