Admin l Wednesday, July 22, 2020
IKOYI, Lagos, Nigeria – Justice Elizabeth Oji of the National Industrial Court, Lagos has ordered immediate payment of harmonized pensions to the affected retirees of the Nigerian National Petroleum Corporation (NNPC) within 90 days.
Justice Oji ordered the two defendants in the suit, NNPC and NNPC Pension Fund Limited to pay the harmonized pension to the affected retirees from January 1, 1997 to date in accordance with the Provision of Section 173 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended).
The claimants had through their counsel, Mr. Adeleke Agbola approached the court to seek for an order of mandamus to compel the defendants to pay them forthwith all accrued pensions calculated with effect from January 1, 1997 on emoluments currently earned by their serving counterparts as prescribed under the Federal Government Policy on Harmonization of Pensions
Listed as claimants in the suit were Dr. Ikechukwu Nwobodo, Mr. J. C. M. Okaro, Chief J. Orife, Mr. O. Makinde, Dr. A. A. Abvobvo, Mr. B. O. Umebolu, Chief F. ESISI, Alhaji . A.A. Lawal, Mr E. O. Tetede, Chief Mrs. Nkangha, Mr. Tunde Odunlami, Mr Arigbabu, O. M. Alabi and Mr. I.A. O. Izuka for themselves and on behalf of concerned retired pensioners of NNPC.
The affected retirees were mostly pioneer staffs of NNPC who retired before 2003. Speaking at a press briefing in Lagos, the chairman of the Retired Management Staff Association of NNPC (REMANSON), Chief Samson Azebeokhai, stated that the problem started when NNPC improved the condition of service for staff including retirees.
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According to him, the improvement substantially increased the pension emoluments of retirees from 2003 to reflect the cost of living. However, NNPC did not include those who retired before 2003 which the affected retirees to institute the suit in 2011.
Delivering judgment in the suit, the trial judge in his analysis of the cases as presented by parties, held that by the extant provision of Section 318 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) the Claimants are public servants and hence, defendants must ensured the periodic harmonization of the pension of its retirees as provided for under Section 173 of the Constitution.
The also court rejected the defendants’ argument that the payment of pension should be based on affordability and sustainability and held that payment must be based on provisions of the Constitution and government policy as expressly provided for in Section 173 of the Constitution and government policy as reflected in the Federal Government Circular on harmonization of pensions of Public Servants.
