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Hon. Justice Dele Peters of the National Industrial Court of Nigeria, Lagos division on January 18th 2018 gave judgment in favor of four (4) retired Army Officers whose entitlements were wrongfully calculated in the case of Colonel Michael Olujimi Osisanya (Rtd) & 3others v. Ministry of Defense &2others.
Colonel Michael Olujimi Osisanya (Rtd), Colonel Gabriel .O. Emodi (Rtd), Lt. Colonel Antonio Abayomi Jorge Ferreira (Rtd) and Colonel Sunday Adekunle Majekodunmi (Rtd as joint claimants through their counsel Chukwuyem Atewe Esq. filed the suit on the 21st day of March 2013 sought inter-alia (amongst others):
i. A declaration that the decision of the Defendants, particularly the Military Pensions Board, to base and continue to base the pensions payable to the Claimants on their terminal ranks in the Army instead of on their Annual Terminal Basic Salaries of a Major General in accordance with the Terms and Conditions for (Officers) Nigerian Army, 1979, ‘Annexe’ A thereof to their disadvantage is unconstitutional, unlawful, illegal, null and void and of no effect whatsoever.
ii. ii. A declaration that the Claimants are entitled to have their pensions calculated and paid on the basis of their Annual Terminal Basic Salaries of a Major General in accordance with the Terms and Conditions for (Officers) Nigerian Army, 1979, ‘Annexe’ A and Federal Ministry of Establishment and Management Services Circular Reference No. 8.63216/s. 1/x/618of13th September 1991. Upon receipt of the processes of the claimants, the 1st and 2nd Defendants filed their joint statement of defence on the 12th day of May 2015 including its witness statement on oath, list of witnesses, list and copies of documents to be relied on at trial.
On the 4th day of March 2016, the 3rd Defendant filed its statement of defence along with all processes as required by the Rules of Court. Subsequently, the Claimant filed reply to the statements of defence filed by the Defendants.
The case of the 1st and 2nd Defendants is that they were not responsible for the adjustments, but the Federal Government of Nigeria the pensions paid to the Claimants was founded on the provisions of the Armed Forces Pension Act Cap A23 Laws of the Federation of Nigeria 2004; that it was discovered in November, 2009 that the Claimants were supposed to be paid pension on the rank of Colonel/Lieutenant Colonel but not as Major General, hence the Claimants were brought down to the rank of Colonel/Lieutenant Colonel; that the 3rd Claimant was never paid based on the rank of Major General because the 3rd Claimant was taken on the strength of Lieutenant Colonel; that the Claimants are being paid based on their rank on retirement (Lieutenant Colonel/Colonel but not base on the financial payment as Consultants when they were in active service and that the computation and assessment of pension and gratuity are paid per substantive rank and length of service without recourse to professional or qualification since such services are no longer rendered to service personnel or the general public free after the Claimant’s retirement.
After reviewing the argument of the parties, the Court Presided by Hon. Justice J. D Peters, had this to say: “I have read and understood all the processes filed by learned Counsel for the parties in this suit. I heard the testimonies of the witnesses called on oath, watched their demeanor and carefully evaluated all the exhibits tendered and admitted. I also heard the oral submissions of learned Counsel for either side. Having done all this, I declare that the decision of the Defendants, particularly the Military Pensions Board, to base and continue to base the pensions payable to the Claimants on their terminal ranks in the Army instead of on their Annual Terminal Basic Salaries of a Major General in accordance with the Terms and Conditions for (Officers) Nigerian Army, 1979, is unconstitutional, unlawful, illegal, null and void and of no effect whatsoever. I declare that the Claimants are entitled to have their pensions calculated and paid on the basis of their Annual Terminal Basic Salaries of a Major General in accordance with the Terms and Conditions for (Officers) Nigerian Army, 1979.
I order and direct the Defendants particularly the 2nd Defendants to calculate and continue to pay to the Claimants their pensions on the basis of their Annual Terminal Basic Salaries of a Major General in accordance with the Terms and Conditions for (Officers) Nigerian Army, 1979, Exh. MOO1 and Federal Ministry of Establishment and Management Services Circular Reference No.8.63216/s. 1/x/618 of 13/9/91 - Exh. MOO4
All the terms of this Judgment shall be complied with within 30 days from today. Judgement is entered accordingly.
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