Retirees in the six geo-political zones of the country have sued the Federal Government before the National Industrial Court in Abuja challenging an alleged discrimination in the implementation of Pension Policy in the country.
The retirees are specifically challenging the alleged refusal of the Federal Government to review upward, their pensions in line with provisions of section 173 of the 1999 Constitution.
In the suit marked NICN/ABJ/CS/1310/2022 and filed on their behalf by Chief Chiesonu Okpoko (SAN), 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
Plaintiffs who are 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 Attorney General of the Federation (AGF), Minister of Labour and Employment, Minister of Finance, Budget and National Planning, Head of Civil Service of the Federation, 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, declaration that by virtue of 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, 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.”