IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA
IN THE MAKURDI JUDICIAL DIVISION
HOLDEN AT MAKURDI
SUIT NO NICN/MKD/126/2020
BEFORE HIS LORDSHIP, HON. JUSTICE (DR.) 1. J. ESSIEN
DATE: 17th May, 2023
BETWEEN
1. Mbessey Uparegh Patrick
2. David Yoo Najime
3. Kparevzua Rose Mnena
4. Gema Elizabeth
5. Igyugh Shilumun Philip
6. Moses Huayongo Ka Claimants
7. Imo T. Emmanuel
8. Igyu T. Daniel
9. Mrs. Shande Priscilla Y.
10.Ate Stephen
11.Abe Dorcas Ngunan
12. Iperen Cephas Yimaor
13. Innocent Kyura
AND
1. Benue State Local Govt. Pension Board
2. Bureau for Local Government & Chieftaincy Affairs Defendants
3. The Government of Benue State.
4. Att. General and Commissioner for Justice.
JUDGMENT.
The claimant commenced this action by a complaint dated and filed on the 5/10/2020. In the complaint the claimants claims are for gratuity and pension against the defendants jointly and severally. The claimants also filed a motion on notice on the same date wherein they are seeking the following reliefs against the defendants;
AN ORDER of this Honourable Court directing the defendants to pay the claimants their gratuities in the following sums:
1. 1st claimant (Mbessey Uparegh Patrick) Gratuity NI0,351,080.00 ( ten
million, three hundred and fifty-one thousand, eighty naira) only.
2) 2nd claimant (David Yoo Najime) Gratuity: N8,358,051.00 ( eight million,
three hundred and fifty-eight thousand, fifty-one naira) only.
3) 3rd claimant (Kparevzua Rose Mnena) gratuity in the sum of N5,856,682.00
(five million, eight hundred and fifty-six thousand, six hundred and eighty-
two naira) only
4) 4th claimant (Gema Elizabeth) N5,309, 856. 00 (five million, three hundred
and nine thousand, eight hundred and fifty-six-naira) only
5) 5th claimant (Igyugh Shilumun Philip) Gratuity N5,588,555.O0 (five million,
five hundred and eighty eight thousand, five hundred and fifty-five naira)
only
6) (6th claimant (Moses Huayongo Ka) Gratuity N4,035,132.00 (four million,
thirty-five thousand, one hundred and thirty two naira) only.
7 ) Th claimant (Imo 1. Emmanuel) Gratuity N4,970,772.00 (four million, nine
hundred and seventy thousand, seven hundred and seventy-two naira) only.
8) 8th claimant (Igyu T. Daniel) Gratuity N4,506,480.00 (four million, five
hundred and six thousand, four hundred and eighty naira) only.
9) 9th claimant (Mrs. Shande Priscilla Y.) Gratuity N6,625,044 (six million, six
hundred and twenty-five thousand, forty-four naira) only.
10)10th claimant (Ate Stephen) Gratuity N3,525, 409. 44 (three million, five
hundred and twenty-five thousand, four hundred and nine naira, forty-four
kobo) only.
11) 11th claimant (Abe Dorcas Ngunan) Gratmty N4,970,772.00 (four
million, nine hundred and seventy thousand, seven hundred and seventy-
two naira) only.
12) 12th claimant (lperen Cephas Yimaor) Gratuity N4,8I6,044 (four million,
eight hundred and sixteen thousand, forty-four naira) only.
13) 11th claimant (Innocent Kyura) Gratuity Nl,510,272.00 (one million, five
hundred and ten thousand, two hundred and seventy-two naira) only
The claimants also claimed the following sums as arears of pension against the defendants.
AN ORDER of this Honourable Court directing the defendants to pay claimants their arrears of monthly pensions in the following sums:
1. 1st claimant (Mbessey Uparegh Patrick) arrears of month pension at N230,024.00 (two hundred and thirty thousand, twenty-four naira only
2. 2nd claimant (David Yoo Najime) arrears of monthly pension at N185,734.46 (One hundred and eighty-five thousand, seven hundred and thirty-four naira, forty-six kobo) only per month from l /7/2016 to date of judgment.
3. 3rd claimant (Kparevzua Rose Mnena) arrears of monthly pension at N130,606.75 (one hundred and thirty thousand, six hundred and six naira seventy-five kobo) per month from l/7/2015 to date of Judgment.
4. 4th claimant (Gema Elizabeth) arrears of monthly pension at Nll7,996.8k ( one hundred and seventeen thousand, nine hundred and ninety-six naira, eight kobo) per month from 1/10/2018 to date of judgment.
5. 5th claimant (lgyugh Shilumun Philip) his arrears of monthly pension at N127,738.4 (one hundred and twenty-seven thousand, seven hundred and thirty-eight naira, four kobo) per month from I /5/2016 to date of judgment.
6. 6th claimant (Moses Huayongo Ka) arrears of monthly pension at N89,669.6 ( eighty-nine thousand, six hundred and sixty-nine naira, six kobo) per month from 1/7/2016 to date of judgment.
7. 7th claimant (Imo T. Emmanuel) arrears of monthly pension at N110,461.58 ( one hundred and ten thousand, four hundred and sixty-one naira, fifty eight kobo) per month from l /7/2016 to date of Judgment.
8. 8th claimant (Igyu T. Daniel) arrears of monthly pension at NI00,144.00 (one hundred thousand, one hundred and forty –four naira) per month from l /7/2016 to date of judgment.
9. 9th claimant (Mrs. Shande Priscilla Y.) arrears of monthly pension at N147,223.17 (one hundred and forty-seven thousand, two hundred and twenty-three naira, seventeen kobo) only per month from l /7/2016 to date of judgment.
10. 10th claimant (Ate Stephen) arrears of monthly pension at N79,275.08 ( seventy-nine thousand, two hundred and seventy-five naira, eight kobo) only per month from 1/1/2015 to date of judgment.
11. 11th claimant (Abe Dorcas Ngunan) arrears of monthly pension at N110,461.58 (one hundred and ten thousand, four hundred and sixty-one naira, fifty-eight kobo) only per month from l /7/2016 to date of judgment.
12. 12th claimant (Iperen Cephas Yimaor) arrears of monthly pension at N107,023.16 (one hundred and seven thousand, twenty-three naira,sixteen kobo) only. From 1/9/2011 to date of judgment.
13. 13th claimant (Innocent Kyura) arrears of monthly pension at N33,561.6 ( thirty-three thousand, five hundred and sixty-one naira, six kobo) only per month from 14th January, 2012 to date of judgment.
The claimants also claims as follows;
(c ) AN ORDER of this Honourable Court directing the defendants to pay the claimants the sum of N50,000.,000.00 (fifty million naira) only as general damages.
(d)AN ORDER of this Honourable Court directing the defendants to pay the claimants post judgment interest of 10 per annum on the total judgment sum from the date of judgment until it is fully liquidated. The said 10% interest to be divided by 12 months and calculated pro-rata if less than a Year.
(e)Any further order(s) the honourable court may deem fit to make in the circumstances of this case.
The motion is supported by a 29 paragraph affidavit deposed to by the 1st claimant. Attached to the affidavit are Exhibit A1 to A9 (the claimants letter of first appointment). Exhibit B1 to B13 (approval of the claimants statutory retirement. Exhibit C1 to C12 (claimants certificate of pensioners. Exhibit D1 to D13 (claimants computation for payment of retirement benefits) Exhibit E1 to E10 (claimants solicitors letters of demand.
The claimant also filled a further and better affidavit of 15 paragraphs on the 3/11/2022. Attached to the affidavit are the statements of the salary account of the claimants marked as Exhibit FT1 to FT12. Also in support of the motion is the applicant’s counsel written submissions.
In response to the application, the defendants filed an 8 paragraphs affidavit along with a two pages written submission of the defendants counsel.
This application was heard on the 27/2/2023. At the hearing counsels un-behalf of the parties adopted their respective processes and the matter was adjourned for judgment.
From the affidavit evidence in support of this application, the claimants position is that as retirees from the service of the 1st defendants, they are entitled to and are owed gratuities and monthly pensions which the defendants have acknowledged. That the gratuities and pensions owed the claimants have been computed for payments by the defendants, In paragraphs 10 to 22 of the affidavit in support of this application, the claimants have stated the various sums computed as gratuities to be paid to the claimants. The computations are exhibited in the affidavit as Exhibit D1 to D13. The claimants have exhibited their statement of account as Exhibits F1 to F12. The statements cover up to December, 2021. The counter affidavit filed by the defendants did not dispute the computation of the gratuity payable to the claimants as shown on Exhibit D1 to D13. The only defence of the claimants is that they are making frantic efforts to pay the gratuity but for paucity of funds. This cannot constitute a good defence to the claims of gratuity in this application. It is the findings of this court that the claimants have proved their entitlement to the sum claimed in this application as gratuity. Judgment is therefore entered in favour of the claimant in the following sums:
1. 1st claimant N9,751,238.08
2. 2nd claimant N8,358,051.00
3. 3rd claimant N5,856,682.00
4. 4th claimant N5,309,856.00
5. 5th claimant N5,588,555.00
6. 6th claimant N4,035,132.00
7. 7th claimant N4,970,772.00
8. 8th claimant N4,506,480.00
9. 9th claimant N6,625,044.00
10.10th claimant N3,525,409.44
11.11th claimant N4,970,772.00
12. 12th claimant N4,816,044.00
13. 13th claimant Nl,510,272.00
Regarding the claim for arrears of pension, the claimants in their further and better affidavit filed on the 3/11/2022 annex the claimants statement of their salary account as Exhibit F1 to F12. As earlier stated in this judgment, the statements exhibited by the claimants cover up to December 2021. In their claim for pension the claimants seek payment of the monthly pension up to the date of judgment in this matter. There are no statements to ascertain the extent of the payment of the pension. This court shall apply December 2021 as the cut of date of for determining the pension owed the claimants in this action.
For the 1st claimant as shown on exhibit F1 the 1st claimant has been paid pension for 21 months as against the 15 months stated in paragraph 8 (a) of the affidavit. Thus when the 15 months is subtracted from the 50 months, the 1st claimant is owed pension for 29 months as at December 2021 in the sum of N6,600.922. Judgment is entered in this sum in favour of the 1st claimant.
For the 2nd claimant, Exhibit F2 shows that the claimant has been paid pension for 15 months as against the 14 stated in paragraph 8 of the further and better affidavit. Therefore when 15months is subtracted from the 66 months claimed, the 2nd claimant is entitled to the sum of N9,372,355 as arears of pension as at December 2021. Judgment is hereby entered in favour of the 2nd claimant in the above stated sum.
For the 4th claimant Exhibit D4 shows that the 4th claimant was entitled to an annual pension of N1,415,961.60k which translates into the sum of N116,711.83k per month. It is his case that he is owed pension for 39 months totalling N4,318,337.71k as at December 2021, as arears of pension. Judgment is hereby entered in the said sum in favour of the claimant.
For the 5th claimant, Exhibit F4 shows that the claimant has been paid his pension for 15 months out of the 68 months remaining an outstanding of 53. On a monthly pension of N126,356.2 per month, the 5th claimant is owed a total of N6,696,878.6k as at December, 2021. Judgment is hereby entered in the above sum in favour of the 5th claimant.
For the 6th claimant, the claimant monthly pension is in the sum of N88,667.90k per month. He is owed arears for 66 months as at December 2021. He was paid arears of the pension for 15 months remaining 53 months unpaid arears as shown on Exhibit F5. The 6th claimant is therefore entitled to the sum of N4.522,062.9. Judgment is entered in the above sum in favour of the 6th claimant.
For the 7th claimant, the claimant monthly pension is in the sum of N109,251.97 per month. He is owed 66 months areas as at December 2021. The claimant has received pension for 15months as shown on Exhibit F6. The 7th claimant is still owed arears of 51 months pension in the total sum of N5,571,850.47. Judgment is hereby entered in favour of the 7th claimant in the above stated sum.
The 8th claimant’s monthly pension as computed is N99,037.56k from 1/7/2016 to December 2021 he is owed 66 month out of which he has received pension for 15 months leaving 51 months unpaid. The 8th claimant is owed N5,050.915.56. Judgment is entered in the above sum in favour of the 8th claimant against the 3rd defendant.
The 9th claimant monthly pension as computed is N145,645.77k. From 1/7/2016 to December 2021, this claimant is owed pension for 66 months out of which 15 months has been paid. The claimant pension had remained unpaid for 51 month in the total sum of N7,427,934.27. Judgment is entered in the said sum in favour of the 9th claimant against the 3rd defendant.
The 10th claimant monthly pension as computed is in the sum of N78,378.04. From the 1/1/2015 to December 2021 this claimant is owed pension for 84 months out of which he has been paid pension for 14 months. There is an outstanding pension of 70 months in the sum of N5,486,462.8 that has remained unpaid. Judgment is entered in the above sum in favour of the 10th claimant against the 3rd defendant.
The 11th claimant monthly pension is in the sum of N109,251.97 per month. He is owed 66 months areas as at December 2021. The claimant was paid for 15months as shown on Exhibit F10. The 11th claimant is still owed arears of 51 months pension in the total sum of N5,571,850.00k. Judgment is hereby entered in favour of the 10th claimant in the above stated sum.
The 12th claimant monthly pension as computed is in the sum of N42,800.33k. From the 1/9/2011 to December 2021 this claimant is owed pension for 112 months out of which he has been paid pension for 79 months leaving 33 months unpaid. This translates into the sum of N1,412,410.9. Judgment is hereby entered in this sum in favour of the 12th claimant.
The 13th claimant pension as computed is in the sum of N33,120.98k From the 14/1/2012 to December 2021 this claimant is owed pension for 120 months out of which he admits he has received pension for 27 month remaining 93 months pension yet to be paid. The 93 months pension is in the sum of N3,080,251.1k. Judgement is hereby entered in this sum in favour of the 13th claimant against the 3rd defendant.
The claim of general damages cannot be awarded in an application for summary judgment procedure. The claim is refused and accordingly dismissed.
The claimants also claims 10% post judgment interest. The grant of post judgment interest is at the sole discretion of the court. I have in a number of cases decided by this could held that because of the peculiar nature of gratuity and pension claim, the award of post judgment interest is never contemplated in the law that provides for the payment of gratuity and pension. This is so because fund for payment of gratuity and pension is always provided in the budget. For this reason the claim of post judgment interest is refused and accordingly dismissed.
The sum hereby awarded shall be paid by instalments. The 3rd defendant shall pay a monthly instalment of N13,000,000 (Thirteen million naira) only to the claimants i.e N1,000,000 (One million naira ) to each of the claimants commencing from the end of June 2023. The 3rd defendant shall thereafter continue to pay the monthly instalment of N13,000,000 until the final liquidation of the judgment debt.
Parties are to bear their respective cost of this action. Judgment is hereby entered.
----------------------------------------------------
Hon. Justice (Dr.) I. J. Essien
(Presiding Judge)
REPRESENTATION:
F. T. Uparegh Esq. for the claimants.
S. N. Manyam Esq(Chief State Counsel) for the defendants.