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Disparity In Pension Policy: Court Hears Aggrieved Retirees’ Case Against FG, Today
Retirees in Nigeria’s six geo-political zones have dragged the Federal Government before the National Industrial Court in Abuja, challenging alleged discrimination in implementing the pension policy in the country.
The retirees are specifically challenging the alleged refusal of the Federal Government to review their pensions upward in line with provisions of Section 173 of the 1999 Constitution.
The suit marked NICN/ABJ/CS/1310/2022 is instituted on their behalf by a Senior Advocate of Nigeria SAN, Chief Chiesonu 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 Federal Government agencies relating to pension implementations.
The plaintiffs representing 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 Chairman, National Salaries, Incomes and Wages Commission.
Upon determination of 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 plaintiffs sought ten declaratory reliefs.
They are 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.
“Declaration that by virtue of section 173 (3) of the 1999 Constitution, the pension shall be reviewed every five years or together with any Federal Civil Service salary reviews whichever is earlier.
“A declaration that by the plain language of section 173 (3) of the 1999 Constitution, the maximum period for review of pensions is five years.”
They also sought a “declaration that the defendants are the relevant agents of the Federal Government that formulate government policies on pensions and supervise the implementation of the policies in the discharge of their respective duties.
“Declaration that it is discriminatory against the provisions of Section 173 (3) of the 1999 Constitution for the defendants to have reviewed and increased salaries in the civil service with similar review and increment of the old Pension Scheme three times but excluded the Pensions in the Contributory Pension Scheme to the detriment of the plaintiffs and all retirees under the CPS.
“Declaration that the failure of the defendants to review and increase pensions in the Contributory Pension Scheme in violation of Section 173 (3) of the 1999 Constitution is detrimental to the entitlements of the plaintiffs and all the officers that retired from the Civil Service of the Federation under the Contributory Pension Scheme and that the failure constitutes a continuous injury to rights of the plaintiffs.
“Declaration that the rights of the plaintiffs who had served the minimum mandatory period of for gratuity in 1999 when the Constitution came into force with extant pension laws provided for gratuity cannot be extinguished by the 2014 Act.”
They also asked 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.
Plaintiffs 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.
They 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 to Pensions and gratuity to put an end to the continuous injury being inflicted on them by the refusal to review their pension upward.
The suit is supported by 24 paragraph affidavit deposed to by Chike Ogbechie on behalf of the retirees.
Meanwhile, a hearing in the suit comes up, today, at Court 2 of the National Industrial Court in Abuja.
News
Fubara Set To Create New Cities In Rivers

Rivers State Governor, Sir Siminalayi Fubara, has disclosed that arrangements are at advanced stages to achieve the development of new cities in the state that would help to decongest Port Harcourt and Obio/Akpor Local Government Areas.
Fubara said that the new cities would end the one city status of Rivers State and attract more investors into the state.
The governor stated this when he inspected the Greater Port Harcourt City Development Authority’s (GPHCDA) office and project sites in Ikwerre Local Government Area of the state.
Fubara said: “I can assure you that in our time, we might not achieve the dream of that big city in four years, but we will add a few things that would also help us in getting at that target.
“This is because, we are thinking of decongesting the present one city state that we have, which is Port Harcourt and Obio/Akpor. We are thinking of developing other parts of the state and our coming here is to see what the agency has been doing, what you have done already and what we can also do to make us achieve more new cities in our state.”
Fubara noted that despite the challenges the agency has been facing, there would be remarkable difference in what it would achieve within his tenure if the agency’s development ideals are aligned with those of the state government.
He, however, charged the agency to be self-sustaining by attracting investors as outlined by its establishment law.
Also speaking, the Sole Administrator of GPHCDA, Amb Desmond Akawor, said that since its establishment in 2009 by the Greater Port Harcourt Law, the agency has been slowed down in creating more cities because of its operational structure and the nature of the Public-Private Partnership it adopted.
Akawor, who is the Rivers State chairman of the Peoples Democratic Party (PDP), explained that a new legal framework has been fine-tuned by the last GPHDA board, which the current management would present to the governor.
He said: “I am sure that with your directives, we will be able to reschedule some of the projects so that we can move forward with all of our partners, especially in the area of reforming or strengthening the public private partnership arrangements.”
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Majority Leader Seeks Immortalisation Of Slain DPO
The Majority Leader of the Rivers State House of Assembly, Hon Edison Ehie, has appealed to the Police High Command to consider the immortalisation of the murdered Divisional Police Officer(DPO) in charge of Ahoada East Divisional Headquarters, SP Bako Angbashim, and commiserated with the State Commissioner of Police, CP Emeka Nwonyi; officers and men of the Police Force; and the family of the deceased over the brutal murder of the DPO.
Ehie, who made the appeal in a statement said the slain DPO deserves to be immortalised as he was a gallant, fearless and courageous police officer who distinguished himself in the fight against criminals and bandits in the State, adding that the calamitous killing and decapitation of the DPO by Mr Gift David Okpara Okpolowu, alias 2 Baba and his criminal gang is “an unprecedented low which shocked me beyond words and threw my constituents into an endless mourning circle”.
As the Honourable member representing Constituency 2 at the Rivers State House of Assembly and the incumbent Leader of the House, Ehie said he is using this medium to unreservedly condemn the senseless killing and decapitation of the DPO, and also to reiterate the call for the immediate apprehension and prosecution of his killers and everyone associated with the condemnable act.
Describing SP Angbashim as a gallant, fearless and courageous police officer who distinguished himself in the fight against criminals and bandits in the State, the lawmaker said the slain DPO was the one who single-handedly restored peace and order in Ogoniland.
“Even within the few months he spent in Ahoada East Local Government Area, the results of his gallantry were visible for all to see and appreciate.This is why his killing is not only calamitous and lamentable, but an affront to the government of the day in the State”, he said, adding that no government worths its salt will fold it’s arms and allow criminals and bandits to freely prey on its citizenry in order to make the State ungovernable.
On this score, therefore, Ehie thanked the Governor of the State, Sir SiminalayiFubara for prompt response to the situation which he said has already started yielding wonderful fruits, with some of the criminals associated with the killing of the DPO now under police detention and interrogation.
He also thanked and commend the officers and men of the Police Force as well as operatives of other sister security agencies in the State for their uniquely stellar efforts in fishing out the killers of the DPO.
The Majority Leader, however, called on all Ekpeye people, traditional rulers, chiefs, political elites and the general public to gratuitously assist and work with the police and other security agencies in ensuring that the killers of SP Angbashim are fished out, apprehended and made to face the full weight of the law, saying, “May our State never again witness this type of murderous orgy and life wastage”.
Ehie also appealed to the Police High Command in the State to consider the immortalisation of the slain DPO, while also appealing for meaningful and deserving support to his family and dependants.
While conveying his heart-felt condolences to the Nigerian Police, especially the officers and men of the Rivers State Police Command, the lawmaker prayed the Almighty God to grant them the fortitude to bear the monumental loss. He equally extended his deepest condolences to the family of the DPO, and prayed God to console them and heal their wounds.
Ehie further noted that “the biggest debt we collectively owe SP Bako Angbashim is to redress his killing by arresting his killers and subjecting them to justice.”
News
Appeal Court Upholds Banigo’s Senatorial Election Victory
The Court of Appeal sitting in Abuja, yesterday, upheld the judgment of the Rivers State National Assembly Election Petition Tribunal that declared Dr. Ipalibo Harry Banigo of the Peoples Democratic Party (PDP) winner of the Rivers West Senatorial District Election held on February 25, 2023.
The Appellant Court, in her judgment, dismissed the appeal filed by the All Progressives Congress (APC) Senatorial Candidate, Hon. Asita O. Asita as “lacking in merit”.
In her reaction shortly after the verdict at the court premises, the Banigo hailed the judgment, describing it as an “incontrovertible victory of irreversible Senate seat”.
She expressed gratitude to the Almighty God, the leaders/stakeholders of the PDP and the entire members of the Rivers West Senatorial District for their unflinching support.
Banigo assured them of her loyalty and total commitment towards realising the tenets of her Kingdom Mandate.
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