AGF, others absence stalls retiree suit against FG

By Vivian Okejeme, Abuja

T

he National Industrial Court in Abuja, has adjourned hearing in a suit against the Federal Government by retirees till January 31, 2023, following the absence of the Attorney General of the Federation (AGF) and four other defendants in court.

AGF, Labour and Employment Minister, Finance Minister, Head of Service of the Federation (HoSF) and Chairman, National Salaries, Incomes and Wages Commission did not honour the Court’s summons and were also not represented by any legal practitioner.

When the matter was called up, Counsel to the retirees, Chief Chiesonu Okpoko, a Senior Advocate of Nigeria (SAN), protested the absence of the five defendants in court without explanations.

He informed the Court that the AGF and others were served with the court’s summons as far back as October 14.

Relying on Order 9 Rule 1 of the National Industrial Court, Okpoko SAN informed Justice Osatohanmwen Obaseki-Osaghae that the five defendants ought to have filed their defense to the retirees suit within 14 days but elected to ignore the aspect of the law.

Okpoko pleaded with the Judge to invoke Order 9 Rule 5 of the Court to adjourn the suit for definite hearing.

On the bench ruling, Justice Obaseki-Osaghae reminded the senior  lawyer that the matter came up for the first time for mention and opted to give AGF and others another opportunity to do the needful in respect of the suit.

The Judge subsequently fixed January 31, 2023 for hearing in the suit and as well ordered that fresh hearing notice be served on all the defendants.

The Director General, National Pension Commission who is one of the key defendants in the suit was represented by a private legal practitioner,  Mr Elendo Awa who informed the court that his client’s defence to the suit would soon be filed and served on the retirees.

Several retirees who claimed to be victims of the alleged discrimination in the Pension policy were in court to witness proceedings.

The retirees who are from the six geo-political zones of the  country had dragged the Federal Government before the court to challenge the alleged disparity in the pension regime of the government.

They prayed the court to issue an order of mandamus against the Federal Government to compel it to increase the their pensions in line with provisions of section 173 (3) of the 1999 Constitution.

The aggrieved Retirees also sought order of the Court against Government to pay them ther gratuities having served the mandatory period of service in the employment of the Federal Government.

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.

Plaintiffs who are from the six geo-political zones of the country 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 10 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.