By; Ivo Takor, mni Esq.
Introduction
Comfort in old age is not a luxury — it is a basic necessity that defines the quality of life for our elders. As physical strength declines and emotional needs deepen, providing a supportive environment becomes crucial. Ensuring physical ease, emotional warmth, mental stimulation, and financial security helps preserve dignity and independence in later years. How society treats its older citizens reflects its values, and investing in their comfort is a true measure of collective humanity.
A well-structured pension system is vital for protecting the comfort and dignity of public servants in retirement. After years of dedicated service, public servants deserve the assurance of financial security, independence, and peace of mind. Pensions provide a steady income after retirement, enabling retirees to meet their basic needs and maintain a decent standard of living. Beyond individual welfare, strong pension schemes strengthen the economy and uphold the principle that service to the nation is valued and rewarded.
Constitutional Protection of Pension Rights for Public Servants: Section 210 and the Emerging Legal Gap
Section 210(1) of the Constitution provides that: “Subject to the provisions of subsection (2) of this section, the right of a person in the public service of a state to receive pension or gratuity shall be regulated by law.” Further, subsection (2) states: “Any benefit to which a person is entitled in accordance with or under such law as is referred to in subsection (1) shall not be withheld or altered to his disadvantage except as permitted under any law, including the Code of Conduct.”
The Pension Act of 1990 previously applied uniformly across all tiers of public services in Nigeria. However, with the enactment of the Pension Reform Act of 2004, which took effect on June 25, 2004, Section 98(1)(a) effectively dismantled this uniform framework. In its place, states were required either to adopt the new contributory pension scheme by enacting their own laws or to retain separate legislation governing pension payments for retirees under the old system.
The shift resulted in a legal vacuum within the states, as no laws were in existence to safeguard the pension rights of public servants at the state level. Since June 25, 2004, thirty-one (30) states and the Federal Capital Territory (FCT) have enacted legislation to protect the constitutionally guaranteed pension rights of public servants. However, six (6) states — namely Akwa Ibom, Borno, Cross River, Kwara, Plateau, and Yobe — have yet to enact corresponding pension laws, thereby raising serious concerns regarding the protection and enforcement of pension rights as guaranteed under the Constitution.
Betrayal by Law: The Morality of Governors in Akwa Ibom, Borno, Kwara, Plateau, and Yobe States
In a democracy, the law is meant to be a shield for the weak, a sword against injustice, and a light that guides society toward fairness and progress. Yet, in Akwa Ibom, Borno, Kwara, Plateau, and Yobe States, the law has been weaponised in a most cynical betrayal of public trust. Governors in these states have failed to enact the necessary legislation to protect the constitutionally guaranteed pension rights of their public servants—those who devoted their productive years to building the machinery of governance. Instead, they moved swiftly and decisively to enact pension laws to secure lavish and obscene retirement benefits for themselves and their deputies.
This selective use of legislative power reveals a morality deeply at odds with any sense of justice. It is a stark declaration that while the political elite see their own comfort as paramount, they view the well-being of the workers who sustained their administrations with disdain and indifference. Public servants, who are entitled under the 1999 Constitution (as amended) to adequate pension protections, are left abandoned in old age, facing poverty, illness, and indignity—while former governors bask in luxury financed by the same public treasury.
The betrayal cuts deeper when one considers that these public servants are the ones who worked under challenging conditions, with irregular salaries and without the privilege of executive allowances. They hoped, at minimum, for a dignified retirement secured by a functioning pension system. Instead, they face bureaucratic hurdles, endless delays, and in some cases, complete denial of their pension entitlements—all because the political leadership refused to prioritize their welfare.
The governors’ actions are not just morally bankrupt; they represent a dereliction of constitutional duty. Section 210 of the Constitution guarantees that pensions must not be withheld or altered to the disadvantage of retired public servants. By failing to enact the necessary pension protections while prioritizing their personal enrichment, these governors have trampled on this constitutional guarantee, turning governance into a tool of personal gain rather than public service.
It is a profound irony—and a national shame—that those who swore oaths to uphold the Constitution are the very ones undermining it for self-serving ends. The morality of such leadership must be called what it is: self-centered, unethical, and ultimately harmful to the social fabric of the nation. A government that neglects its workers in their old age undermines its own legitimacy, for it signals that loyalty, service, and sacrifice are worthless in the eyes of those who wield power.
A Look at Past and Present Governors of Akwa Ibom, Borno, Kwara, Plateau, and Yobe States.
The following individuals have served or are currently serving as governors of the respective states..
Akwa Ibom State
•Obong Victor Attah (1999–2007)
•Godswill Akpabio (2007–2015)
•Udom Emmanuel (2015–2023)
•Umo Eno (2023–present)
Borno State
•Ali Modu Sheriff (2003–2011)
•Kashim Shettima (2011–2019)
•Babagana Umara Zulum (2019–present)
Kwara State
•Bukola Saraki (2003–2011)
•Abdulfatah Ahmed (2011–2019)
•AbdulRahman AbdulRazaq (2019–present)
Plateau State
•Joshua Dariye (1999–2007)
(He was impeached in 2006 but later reinstated by the court in 2007.)
•Michael Botmang (Acting Governor during Dariye’s impeachment in 2006–2007)
•Jonah David Jang (2007–2015)
•Simon Lalong (2015–2023)
•Caleb Mutfwang (2023–present)
Yobe State
•Bukar Abba Ibrahim (1999–2007)
•Mamman Bello Ali (2007–2009)
(Died in office in 2009.)
•Ibrahim Geidam (2009–2019)
•Mai Mala Buni (2019–present)
Conclusion
In the end, the governors of Akwa Ibom, Borno, Kwara, Plateau, and Yobe States stand indicted not only by the laws they chose to enact but even more so by the laws they chose to ignore. Their betrayal of public servants reveals a glaring deficit of moral leadership and a disturbing perversion of public office for private gain. True leadership demands sacrifice, fairness, and fidelity to justice — not the entrenchment of privilege at the expense of those who served with dedication. Until these wrongs are corrected through deliberate legislative reforms that prioritise the welfare of all, not just the elite, the legacy of these governors will remain stained by a record of legalised injustice and the suffering they so casually left in their wake
