A Call for Due Diligence: Unverified PAYE allegations and the withholding of May 2025 salaries, by Dr Tukur Madu Yemi
The recent development concerning the reported halt in the payment of May 2025 salaries to staff of the Federal University, Kashere, allegedly instigated by a correspondence from the Gombe State Government, is both alarming and disheartening. According to emerging reports, the Gombe State Government petitioned the Office of the Accountant General of the Federation (OAGF), accusing the University of non-remittance or under-remittance of Pay-As-You-Earn (PAYE) tax deductions from January 2025 to date.
What is even more troubling is the apparent willingness of the OAGF to act on these unverified allegations purportedly triggered by a letter from a state-level tax official without undertaking any independent verification or formally engaging the University’s management. If this sequence of events is confirmed, it would represent a serious breach of administrative fairness, due process, and intergovernmental accountability as enshrined in the 1999 Constitution of the Federal Republic of Nigeria (as amended), as well as other relevant financial and public service regulations.
Legal and Constitutional Considerations
Right to Fair Hearing:
Section 36(1) of the 1999 Constitution affirms that “a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law.” By withholding salaries without allowing the University the opportunity to clarify or respond to the PAYE allegations, the action undermines this constitutional guarantee.
Revenue Management:
Section 162(1) of the Constitution mandates that revenues collected by the Federal Government, including PAYE, be administered in line with statutory provisions. Alleged defaults in remittance must be subject to formal investigation and not resolved through unilateral administrative sanctions.
Administrative Procedure:
According to the Public Service Rules (PSR) and the Financial Regulations of the Federation, all disciplinary or corrective measures in financial matters must follow due process. There is no known statutory authority empowering a state government or the OAGF to arbitrarily halt the salaries of federal employees without an appropriate investigative or judicial process.
University Autonomy:
The University Autonomy Act (2003) grants federal universities both administrative and financial independence. Any external interventions, particularly from subnational authorities, must follow formal intergovernmental protocols. Arbitrary accusations and actions that result in punitive measures against federal university staff directly contravene this autonomy and threaten the operational integrity of the institution.
A Threat to Livelihood and Institutional Stability:
Salary payment is not just a bureaucratic routine; it is both a legal entitlement and a moral responsibility. It represents the lifeblood of civil servants, educators, and administrators. At a time when Nigeria is grappling with significant economic pressures, any delay in the timely payment of wages, especially on the basis of unverified claims, amounts to economic violence.
Staff members, both academic and non-academic, have families to support, financial obligations to meet, and educational duties to discharge. The abrupt and unexplained disruption of their salaries sends a disturbing message that their rights and welfare can be sacrificed at the altar of bureaucratic friction. This is unjust, unacceptable, and counterproductive.
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The Proper Course of Action:
To address the current impasse and prevent future occurrences, the following steps are recommended:
Formal Engagement:
The Office of the Accountant General of the Federation should immediately initiate official communication with the Bursary Department or the Vice-Chancellor’s Office of the Federal University, Kashere, requesting comprehensive documentation on PAYE remittances from January 2025 to date.
Documentary Cross-Verification:
Both the Gombe State Government and the Federal University should be invited to present verifiable records for review. Only after a thorough cross-examination should any conclusion or action be taken regarding PAYE compliance.
Constructive Dialogue:
Where discrepancies are found, they should be addressed through mutual dialogue, technical reconciliation, and a clearly defined timeframe for remediation not through measures that punish innocent staff members.
Regulatory Oversight:
The Federal Inland Revenue Service (FIRS), as the statutory authority on federal taxation, should be involved in investigating the alleged non-remittance. This will ensure that the claims are treated with the seriousness and neutrality they deserve, under the watch of the appropriate federal agency.
Transparent Communication with Staff:
University management should provide timely and transparent updates to staff unions such as ASUU, NASU, and SSANU. This will help forestall misinformation, reduce anxiety, and foster a collective institutional response.
Legislative Oversight:
The Federal Ministry of Education and the National Universities Commission (NUC) should be duly informed. Furthermore, relevant National Assembly Committees, particularly those overseeing Tertiary Education and Public Accounts, should convene oversight hearings to review the legality of the salary stoppage.
A Call to Conscience and Responsibility
All actors, whether state tax authorities or federal financial regulators, must remember that governance, especially in a democracy, must be rooted in fairness, diligence, and respect for constitutional norms. The abrupt freezing of salaries, particularly of individuals who have performed their duties, is a gross overreach that should be corrected without delay.
Beyond the legal breaches, this development exposes an ethical void. When the welfare of public servants becomes collateral damage in bureaucratic turf wars, the moral foundation of public administration is weakened. A democracy that allows the violation of workers’ rights without recourse also permits the erosion of accountability, dignity, and public trust.
Conclusion
The Federal University, Kashere, is a federally owned institution with nationwide service obligations. Any concerns about its tax remittance practices should be handled using lawful channels and verified facts. The decision to withhold May 2025 salaries, reportedly without due process, stands as a disturbing precedent that must not be allowed to continue.
We therefore call on the OAGF, the Gombe State Government, and all concerned stakeholders to reverse this action, immediately restore salary payments, and commit to resolving the matter through proper institutional frameworks. In the final analysis, justice, due process, and the welfare of public servants must remain sacrosanct.
By Dr Tukur Madu Yemi,
Federal University of Kashere Gombe.
Email: alhajitukur68@gmail.com
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