Law/Judiciary

Court Hears Three CBN Director’ Contempt Charges,’ Morrow

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The Federal High Court
in Lagos will hear a contempt charge against three (3) Central Bank of Nigeria (CBN) directors tomorrow.
CBN Pensioners, represented by James Jemilo, Thompson Edun, Jacob Amao and Joa chim Ajala, are praying the court to commit the directors to prison for allegedly flouting a judgment.
The alleged contemnors  are CBN Deputy Governor, Corporate Services, Alhaji Suleiman Barau, Director, Human Resources, Ms Chizoba Mojekwu and Director of Legal Services, Mr Simon Onekutu.
The plantiffs are also praying the court to compel CBN to comply with the federal government’s directives on pension harmonization.
The suit was earlier fixed for hearing on October 6, but was adjourned because the day fell on a holiday.
The CBN directors have objected to the suit. Their preliminary objection will be heard on the next adjourned date.
The plaintiffs had averred that the harmonization policy was introduced in the public service with effect from January 1, 1997.
“The policy was designed to eliminate the disparities in the pension of workers who retired on the same grade, with those who served the same number of years but retired at different times”, they averred.
According to them, following CBN’s alleged failure to comply with the suit number FHC/L/CS 524/99 before a Federal High Court in Lagos seeking an order compelling it to abide by the directive.
The CBN had however, in its defence, said that it could only pay the harmonized pension, subject to “affordability and sustainability” of Pension Funds.
Meanwhile, in a judgement delivered on May 22, 2000, the Court, presided by Justice Wilson Egbo- Egbo, (now retired, granted the  pensioner’s prayers.
Egbo-Egbo had directed CBN to pay the applicants all accrued pensions with effect from January 1 1997, on emoluments currently earned by their serving counterparts.
The judge held that this was as prescribed by the Federal government’s policy on harmonization of pensions, adding that such accrued pensions, were to be paid subsequently, as and when due.
Dissatisfied with the judgement, CBN had appealed at the Court of appeal, and later the Supreme Court. Both appellate courts affirmed the lower court’s decision on December 5, 2006, and May 21, 2010 respectively.

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