IN THE NATIONAL INDUSTRIAL ***** OF NIGERIA

** THE ***** JUDICIAL DIVISION

HOLDEN AT LAGOS

SUIT NO NICN/LA/319/2024

BEFORE *** LORDSHIP, HON. ******* (DR.) I. J. ESSIEN 

 DATE:21^st July 2026.

 

BETWEEN 

NATIONAL PENSION COMMISSION---------------------- CLAIMANT

                                            AND

OPTIMUM PETROLEUM ***********  LTD.  --- DEFENDANT

 

JUDGMENT.

The claimants commenced **** action by ** originating summons ***** and ***** ** the 9/11/2024. In this originating summons *** claimant   sought the ************* of the following ********* from this court;

Upon the determination of this question the ******** seeks the following relief from *** court;

1. A Declaration **** the Claimant ** ********* and entitled under the ******* Reform Act 2014 to the production,   inspection and *********** of the pension records of the Defendant to ensure due compliance with ********** ** the ******* Reform Act 2014 on contributory pension and *********** by ****** or through its agents.
2. A Declaration that *** ******** is ********* under the ******* Reform *** 2014 to enforce ********** **** *** ********** of the Act against the Defendant.
3. An Order ********* the ********* to grant the ******** or *** agents forthwith access ** its relevant pension documents and records for inspection, examination and ************* ** determine whether the Defendant has ******** with the mandatory pension contribution of its ********* from January 2005 to 30 June 2019.

The originating summons ** supported by ** 11 ********** affidavit deposed to ** Olubukola Oredugba, a Senior ******* ** the South **** Zonal Office of *** ******** Pension Commission, the Claimant herein. Attached ** the affidavit ** ******** A,  B and C i.e the Claimant letter ** the ********* dated the 20/11/2019 requesting for records of the pension remittance, Letter of the ******** appointed recovery agent addressed ** the defendant and Defendant letter of warning ** *** ********* ** ***** the appointed agent ****** ** the pension ********** ****** *** the period ** January 2005 ** June 2019. Also in ******* ** the written address of *** Claimant counsel. 

The originating process was served ** *** Defendant on the 10/12/2025. *** ********** several hearing notices **** served on the Defendant who failed ** appear before the court nor file any response to this originating summons. *** originating ******* *** heard on the 9/6/2026. *** ******** ******* ******* his process and urge the ***** to answer the ******** in *** affirmative and resolve the question ** ****** of *** ******** *** grant the reliefs ****** ** this originating summons. 

DECISION ** *** COURT

In this Origination summons the ******** seeks the determination of *** question, ‘******* the ******** has the rights *** powers under the ******* Reform *** 2014 ** demand the production ** pension records of the Defendant ** itself ** through *** ****** to inspect, ******* or investigate **** records to determine, ensure and enforce *** compliance with the ********** mandating pension contribution in favour of its employees’?

The case of *** ******** is that ***** the powers conferred by the Pension Reform *** 2014, the Claimant ********* ****** Emeka Ene & Co. as a ******** agent ** examine the pension records of *** Defendant to determine *** ********** in remitting ******** for its employees. **** the Claimant ****** a letter dated 20 November 2019 Exhibit A to the Defendant introducing ****** ***** Ene & Co. as *** recovery agent *** ********** its *********** with the ******** ***** to conduct a review of its pension records. The Recovery ***** ****** a ****** ***** 28 November 2019 ** Exhibit B, ********* *** Defendant of the intention to ******* an ***** of *** ******* records in line with *** ******* Reform Act, 2014.         *** ***** contacted the Defendant *** visited its office to access the ******* records, *** all ******* proved ******** as *** Defendant failed ** ***** the necessary access. Due ** refusal to grant access ** *** records the Claimant issued a ******* ****** dated 27 November 2023, requesting the Defendant ** grant access to its ******* records to the ******** Agent. The Defendant has still failed and neglected ** ***** the said access. 

The issue sought ** be determined in this originating summons raises the question of *** duty ******* ** the Defendant as *******  an employer of ****** to comply with the provisions of the ******* ****** *** 2014 and the corresponding duty on *** other hand ** *** claimant ** statutory regulator ** *** ************ pension in Nigeria. Section 1 of the Pension  Reform Act **** *** the policy objectives of the *** ** include ******* others ‘to ********* a uniform set ** rules, regulations and ********* for the administration and payment, ** retirement ******** *** *** ****** service of the Federation, the Public Service of the Federal Capital Territory, the Public Service of the State Governments, the ****** service of *** Local Governments Councils *** *** private sector *** to assist individuals to ****** that **** **** in ***** to carter for their livelihood ****** old age.’

To carry out these ********** ******* 18 (a) (b) *** c empowers the Commission to ******* *** ********** the provision of the Act, *** *** other laws ** pension and ********** benefits. ** ** **** enjoined ** regulate, supervise, and ****** the effective administration ** pension matters and retirement benefits. Drawing from the following objectives the Pension Reform Act **** in the Commission enforcement and ********** functions.

Section 24(a-g) spells out *** functions ** *** ********** ** wit:

1. Formulate, ****** and oversee the overall ****** ** pension ******* ** Nigeria;
2. ******* or **** *** information from any employer, Pension Fund Administrator or Pension Fund ********* or any other person or institution ** matters relating to retirement benefits;
3. *********** any Pension Fund Administrator, ******* **** Custodian or other ***** ******** in the management of ******* funds;
4. Impose ************** or civil ********* or fines or erring ********* or Pension **** ************** or Pension **** Custodians.

From the above stated provisions of the Act, it is the duty ** the Commission to ensure **** the ********** comply with *** payment ** contributory pensions at the statutory percentage by *** employer and employee as prescribed in the Act.  *** the case **  National ******* Commission v. Syndicate Construction & Commercial Ltd. (2025) 1 L.P.R 203. The ********* as ******** of labour ** *********** required under Section 11 of the *** to make *** deductions and remit **** to *** employee Pension **** Administrator.  Where the employer ***** or ******** to make the deductions and ensure that due remittance is done, such action **** be treated as violation of section 11(7) of *** Pension Reform Act ***** carries **** it a ******* for **** infraction.  *** ********** ** ********* ** the infraction of the Pension Reform *** by *** employers ** labour must ****** the coercive ***** ** *** commission to ensure compliance. To this end the Commission is ** Liberty to exercise ***** power to request ** call for information from *** employer, ******* **** Administrator or Pension Fund Custodian or *** other ****** or institution on ******* ******** to ********** benefits. If the commission suspects that there *** **** any breach ** the provisions of the Pension Act *** commission ** empowered ** *********** *** ******* Fund Administrator, ******* Fund Custodian ** other party involved in the management of ******* funds. The duty of *** commission in **** regard *** emphasised in the case of ******** Pension Commission V. CITI Trust Pension Managers *** & Ors. (2018) LPELR-43768, ***** the ***** of ****** stated ***** alia:

‘It ** beyond ******** that by *** ********** of Pension ****** Act 2004, ************ ******* 15, the ********* was established ** *** and ******* with *** administration of ******* matters in Nigeria. Its ********* and powers *** enumerated by sections 20 *** 21 thereof, ********* the ************* of standards, ***** and *********** *** *** management ** pension funds ***** the Act. It also has the powers of investigating any Pension Fund Administrator, ********* ** *** ****** involved ** *** management of pension fund, and the ***** to ****** administrative sanctions’.

The ***** pronouncement on the duty ** the ********** empowers *** Commission in the *********** of its duties under ******* 94(1) a & b ** the Act, ** examine or investigate under conditions of confidentiality, *** books, ********** *** affairs of any person or **** corporate ******** to ******* ***** in ********** with section 92 (1) of this *** ** any regulations made under this Act. *** ********** *** a right to gain ****** ** all ***** ** *** hard copies *** electronic versions of books, accounts, documents *** vouchers of any *******  ****  Administrator or  Pension   Fund Custodian or any person ** body in relation to ******* funds. 

** is ********* the finding of this court that when the claimant and *** agent ****** and served ** the defendant ******** B and C i.e Letter ********* the defendant of the ********* to conduct the ***** of its pension records *** *** letter requesting *** ********* ** ***** access to *** records, the claimant was ******** out *** statutory ********* as vested ** ** by the Pension Reform Act. It is the finding of this ***** that the Defendant cannot ignore, ******* ** refuse the demands of the Claimant ** inspect *** ******* ** ascertain compliance with the management of ******* as *** ********* *** done ** the ******* B and C.  *** defendant failure to ***** the request ** *** defendant is a ******** violation of *** ******* Act as adumbrated in **** judgment. To **** effect, this court answers *** question ********* *** ************* in this *********** Summons ** the affirmative. Accordingly, the ***** makes *** following orders:

1. A Declaration is made that the Claimant is empowered and ******** under the ******* ****** *** 2014 to *** production,   ********** and examination of the pension ******* of *** Defendant to ensure *** compliance with ********** ** the Pension ****** *** 2014 ** contributory pension and remittances by itself or through *** agents.
2. A Declaration that the Claimant is empowered under *** Pension Reform Act 2014 ** ******* compliance with the provisions of the Act against *** ********* is ****** made.
3. The Defendant is hereby directed to grant *** Claimant or its agents ********* access ** its relevant pension documents and records for inspection, examination and investigation to ********* whether the ********* has ******** with *** ********* pension contribution ** *** ********* from January 2005 to 30 June 2019. 

*** ***** hereby made ***** be complied **** immediately upon service of this order on the defendant. 

Judgment ** hereby entered.    

 

   

----------------------------------------------------

Hon. ******* (Dr.) I. J. Essien

(Presiding Judge)

 

REPRESENTATION:

E. Ekpeyoung-***** Esq. For Claimant 

Defendant not represented