Pension Disparity: Industrial Court Dismisses suit against Nigerian Government

The National Industrial Court in Abuja, Nigeria, has dismissed a suit by a group of retirees challenging the alleged discrimination and disparities in the implementation of pension policy by the Nigerian government.

In a judgement on Friday, Justice Osatohanmwen Obaseki-Osaghae held that the pensioners failed to provide proof that the Nigerian government deprived them of the payment of their pension emoluments.

The court held that the pensioners did not deny the claims of the Nigerian Government that, pensions had been reviewed three times during the period they alleged upward review of their pensions and disparity in the payment of old and new contributory systems.

Given that, the court held that the group of pensioners were not entitled to the requests made before the court against the Nigerian government.

The retirees are challenging the alleged refusal of the government to review their pensions upward in line with the provisions of Section 173 of the 1999 Constitution.

In the suit instituted on their behalf by Chief Chiezonu Okpoko, the retirees are asking 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 Nigerian government agencies relating to pension implementations.

The claimants who are from the six geo-political zones are Chike Ogbechie, Hajiya Fatima Ahmad, Olarewaju Ale, Vitas Ajaegbu, Alhaji Abubakar Giza, Samuel Oladosu Ajayi, Dama Peter Douglas and Alhaji Muhammed Maccido.

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 the Chairman, National Salaries, Incomes and Wages Commission.

The retirees are seeking a declaration that by the provisions of Section 1 of the Pension Reform Act 2004, re-enacted by the provisions of Section 3 of the Pension Reform Act 2014, the federal government introduced and established the Contributory Pension Scheme (CPS) to apply to all employees in the Federal Ministries, Departments and Agencies (MDAs) and the private sector.

They are also asking the court to declare that the Pension Reform Act, 2014 Act does not have a retrospective effect of taking away the rights that had accrued before the coming into effect of the 2014 Pension Reform Act.

The retirees further sought a declaration that having put into the service the minimum mandatory period for gratuity before the 2014 Act came into being, they are entitled to their gratuities notwithstanding the coming into effect of the 2014 Pension Act and applied for an order of perpetual injunction restraining the defendants and their agents from further denying them 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 retirees also sought an order of mandamus compelling the defendants to compute, with immediate effect, all their financial entitlements and those of officers on Contributory Pension and their gratuity to put an end to the continuous injury being inflicted on them by the refusal to review their pension upward.

Counsel to the claimants Mr Godwin Emagun, while reacting to the decision to the Industrial Court, expressed dissatisfaction, adding that they will appeal the judgment.