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Portharcourt –His Lordship, Hon. Justice Polycarp Hamman, of the National Industrial Court of Nigeria, Portharcourt Judicial Division on Thursday 28th February 2019 in a judgment ordered ELF PETROLEUM NIGERIA LIMITED (defendant) to pay retired staff PRINCE TOM IKECHI EDEBOR (claimant) sum of N17, 395, 000.00 being claimant’s monthly pension arrears from November, 1993 to January, 2019, and thereafter capture the Claimant on its pension pay roll and continue to pay his monthly pension from the month of February, 2019 till the end of his life and 250,000 cost of action within 30 days.
The court commended the Claimant for his tenacity and believe in the country’s justice sector, that the issues in this suit have been in various courts (Rivers State High Court, Court of Appeal and this court) since 2002 (a period of about 17 years).
The Claimant initiated this suit by way of Complaint and sought against defendant among others; A declaration that the Claimant having retired from the defendant effectively on the 31st of October, 1993, is entitled to the arrears of his pension and any increases thereof from the 30th November, 1993 till the date of Judgment and thereafter till the end of his life having worked and retired from the defendant at the time Non-contributory Pension was in operation at the Defendant’s company.
Likewise, the sum of N20, 000,000 only as exemplary damages for the difficulties, hardships, psychological trauma and deprivations the Defendant’s failure to perform its obligations has caused the Claimant over the years of deprivation, and for the oppressive act of the defendant.
According to the Claimant, on 15th April, 1992 when he had worked for about 19 years, Defendant gave him an offer of early retirement from service even though he was due to retire in October 1993, after the attainment of the retirement age of 55 years. That the idea behind the early retirement option was that, while the Claimant would withdraw his service from the defendant, the defendant had the obligation to continue paying all his salaries and entitlements up to when he would be due for retirement.
The Claimant further averred that, prior to 1st of January, 1993, the defendant was operating the Contributory Pension Scheme, and being a union leader he participated in negotiations concerning staff welfare including Non-Contributory Pension Scheme which was approved by the defendant effective 1st of January, 1993.
The Claimant disengaged from the Defendant’s employment in May, 1992, but continued to receive his salaries, allowances and other entitlements by the defendant up to October, 1993 which was his actual time of retirement, as if he was still in the defendant’s service till October, 1993.
It was further averred that the Defendant has failed and refused to pay him his arrears of pension and his due pension till date. As a result of the defendant’s refusal to pay him his pension, he instituted a suit at the Rivers State High Court which went on appeal to the Court of Appeal Port Harcourt Division on issue of limitation law but the Court of Appeal in a considered decision delivered on 7th July, 2011 held that the suit was not statute barred and remitted the case back to the Chief Judge Rivers State for trial.
According to the Claimant, he subsequently discontinued the suit at the Rivers State High Court since the court would no longer have jurisdiction over the subject matter, and filed the instant suit before this court.
According the Defendant, the Claimant was paid all his entitlements under the defendant’s contributory pension scheme which was the applicable pension scheme as at when the Claimant retired from service.
The Defendant further contended that, the Claimant who retired before the coming into effect of the non-contributory pension scheme cannot benefit from same. And that, the suit as presently constituted is statute barred and the Claimant lacks the locus standi to institute same. The court is therefore urged to dismiss the suit in its entirety for being incompetent, speculative, frivolous and an abuse of court process urged to resolve this Issue in favour of the Defendant.
Claimant argued that since pension is payable only during the life time of the pensioner, the Claimant being alive is entitled to pension including the arrears, and the court is therefore urged to grant the reliefs in this suit.
After careful evaluation of all the processes filed, and the submissions of the learned Counsel from both sides. The Court presided by Hon. Justice Polycarp Hamman held that the suit is not statute barred that the case of the Claimant before the court relates to payment of his pension as the issue of his employment by the Defendant is not in contention and expressed thus;
“I must state that enough facts have not been disclosed to enable one conclude that the action is statute barred. At least the processes filed so far have failed to do so. It is therefore in my respectful view erroneous for the learned trial Judge to have dismissed the action when sufficient facts to justify such were not placed before it.
“I do not believe the defendant that the continued payment of the claimant’s monthly salaries and all other entitlements up to October, 1993 was a favour or gift to the Claimant.
In the circumstance, I do not think the effective date of retirement of the claimant was June, 1992. The only reasonable deduction to be made is that since he received salary and other benefits up to October, 1993 and his gratuity was calculated and paid on the basis of 20 years of service, he was deemed to have retired on the 31st of October, 1993 when he clocked 55 years of age. I so find and hold.
“On this note, it is my firm view that, since the effective date of the claimant’s retirement was 31st of October, 1993, and the non-contributory pension scheme came into effect on the 1st of January, 1993, the Claimant is entitled to payment of pension under the non-contributory pension scheme of the defendant. I so find and hold.
“It is pertinent to state here that, pension is a very serious matter particularly to senior citizens, and so it ought to be paid regularly upon the retirement of a worker.”
The court ordered defendant to pay claimant the sum of Seventeen Million, Three Hundred and Ninety Five Thousand Naira only being claimant’s monthly pension arrears from November, 1993 to January, 2019, and thereafter capture the Claimant on its pension pay roll and continue to pay him his monthly pension from the month of February, 2019 till the end of his life and 250,000 cost of action within 30 days.
