Alleged Disparity: Pensioners Appeal Dismissal of Suit against FG

Alex Enumah in Abuja

Aggrieved pensioners on Friday said that they will be appealing the judgment of a National Industrial Court in Abuja, which dismissed their suit against the federal government on alleged disparity in the implementation of pension policy in the country.

According to the petitioners, the trial court erred in law when it reached the conclusion that the complainants are not deserving of the reliefs sought.

They also faulted the judge for relying on the provisions of the Pension Act 2014 as against the Constitution in dismissing their case.

The pensioners had approached the court for an order compelling the federal government to compute their pension and also make an upward review of their pension.

However, delivering judgment in the suit on Friday, Justice Osatohanmwen Obaseki-Osaghae dismissed a suit on the grounds that the pensioners failed to establish that the government shortchanged them in the payment of their pension emoluments.

According to the judgment, the retirees did not rebut the claims of the federal government that their pension had been increased three times during the period the plaintiffs alleged upward review of their pensions and disparity in the payment of old and new contributory system.

Subsequently, the judge held that the claimants are not entitled to the requests made before the court against the respondents.

Reacting to the judgment outside the courtroom, their lawyer, Mr Godwin Emagun said that they would be applying for the Certified True Copy of the judgment and after studying it would appeal it.

Emagun insisted that Section 173 (3) of the 1999 Constitution makes it compulsory for the federal government to increase pension emoluments every five years.

The retirees had specifically asked the Court to compel the government to review their pensions upward in line with the provisions of Section 173 of the 1999 Constitution.

In the suit marked NICN/ABJ/CS/1310/2022,

the retirees had asked the court to determine the legality and applicability of Section 173 of the 1999 Constitution, Pension Acts of 2004 and 2014 and circulars issued by the federal government agencies relating to pension implementations.

The six defendants in the suit are the Attorney General of the Federation (AGF), the Minister of Labour and Employment, the Minister of Finance, Budget and National Planning, the Head of Civil Service of the Federation, the Director General, National Pension Commission and Chairman, National Salaries, Incomes and Wages Commission.

However, Justice Obaseki-Osaghae refused to grant the claimants’ request for an order of perpetual injunction restraining the defendants and their agents from further denying the plaintiffs and other retired officers of the Contributory Pension Scheme who had put into service the minimum years for gratuity before the effect of the 2014 Pension Act their earned entitlements.

The Judge also refused to grant the retirees request for an order of mandamus to compel the defendants to compute all their financial entitlements and those of officers on Contributory Pension to Pensions and gratuity to put an end the continuous injury being inflicted on them by the refusal to review their pension upward.