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Hon. Justice Olufunke Anuwe of the Abuja Judicial Division of the National Industrial Court has ordered the Military Pensions Board to immediately pay the death benefits and other entitlements of the late FLT LT. Rabiat to her husband and Next of Kin, Mr Muhammed.
The Court further ordered the Military Pensions Board to pay the sum of N3m to Mr Muhammed as general damages for wrongfully refusing to pay the death benefits of late FLT LT. Rabiat Muhammed, and awarded N500k as costs against the Military Pensions Board.
The Court declared that Mr Muhammed, having complied with and satisfied all requirements for the payment to him of the death benefits and other entitlements of his late wife, was accordingly entitled to be paid the death benefits and other entitlements of late FLT LT. Rabiat Muhammed.
From the facts, the claimant, Muhammed, had submitted that his deceased wife, late Flight Lieutenant Rabiat, died in active service and that the Chief of Defence Staff and 3 others had refused to pay her death benefits and other entitlements despite him being recognised in the records of the Nigerian Air Force as her Next of Kin.
Mr Muhammed maintained that he had complied with the requirements communicated to him by the Military Pensions Board and had attended the Next of Kin Standing Committee interview with his family. He further maintained that the requirement that he produce a “credible family member” was not contained in the Guidelines on Administration of Military Pensions for Personnel of the Armed Forces of Nigeria.
In addition, Mr Muhammed averred that the records of the Chief of Defence Staff and 3 others recognised him as the husband and Next of Kin of the deceased officer and identified Muiz Muhammed as her son and Alternative Next of Kin.
In defence, the Chief of Defence Staff challenged the competence of the suit and filed a Preliminary Objection seeking, among other reliefs, an order striking out its name from the suit, an order declining jurisdiction and an order dismissing the suit for allegedly constituting an abuse of court process.
The Chief of Defence Staff contended that Mr Muhammed had earlier instituted a similar action before the Federal High Court which had subsequently been transferred to the National Industrial Court for re-assignment.
The Chief of Air Staff and 2 others maintained that Mr Muhammed had not satisfied the requirements for the payment of the death benefits of the deceased officer.
The Chief of Defence Staff and 3 others contended, among other things, that Mr Muhammed had not presented a credible member of the deceased’s family and had not proved that Muiz Muhammed was the biological child of the deceased officer.
Learned Counsel for the Chief of Air Staff and 2 others argued that the Military Pensions Board was entitled to verify the genuineness of Mr Muhammed’s claim as Next of Kin and the correctness of the documents presented before payment could be made.
In opposition, Learned Counsel for Mr Muhammed, J. A. Mustapha Esq argued that his client had satisfied all the requirements necessary for the payment of the death benefits and that the Chief of Defence Staff could not impose additional conditions which were not contained in the Guidelines.
In a well-considered judgment, the presiding Judge, Hon. Justice Olufunke Anuwe, dismissed the Preliminary Objection of the Chief of Defence Staff and held that the suit did not constitute an abuse of court process, noting that the matter before the Court was the same suit transferred from the Federal High Court for re-assignment and was not a separate action instituted by Mr Muhammed.
Justice Anuwe held that the Guidelines on Administration of Military Pensions for Personnel of the Armed Forces of Nigeria provide for the Next of Kin Standing Committee to invite and conduct interviews for NOKs for the purpose of verifying the genuineness of the NOK and ensuring the correctness of the documents submitted.
The Court held that the Guidelines did not require the Next of Kin to attend the interview with a family member of the deceased officer and that the Military Pensions Board could not unilaterally impose an extraneous condition on Mr Muhammed which was not stated in the Guidelines.
Justice Anuwe held that requiring another family member of the deceased to be produced to verify Mr Muhammed was an unnecessary and malicious bottleneck placed by the Chief of Defence Staff and 3 others.
The Court held that Mr Muhammed had met the requirements for payment of his wife’s death benefits, as the Chief of Defence Staff and 3 others, apart from the allegations concerning the production of a family member and proof of the child’s relationship with the deceased, had not identified any other outstanding requirement.
Justice Anuwe declared that the Military Pensions Board, or any of the Defendants, does not have the right to interfere in how the death benefits of Mr Muhammed’s deceased wife, late FLT LT. Rabiat Muhammed, are shared, utilised or disposed of by Mr Muhammed.
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