J.A Adekoye & Ors V. Nigerian Security Printing Minting Company Ltd (2009)

LAWGLOBAL HUB Lead Judgment Report

S. N. ONNOGHEN, J.S.C

This is an appeal against the decision of the Court of Appeal, holden at Lagos in Appeal NO.CA/L/154/98 delivered on the 29th day of April, 2002 in which the court allowed the appeal of the present 1st respondent/cross appellant and dismissed the claim of the present appellants, thereby giving rise to the instant appeal.

By an originating summons No. LD/M/358/92 filed on 25/6/92, the appellants as plaintiffs raised the following questions for determination by the Lagos State High Court:-

“(i) Whether the employees of the Nigerian Security Printing and Minting Company Limited (N.S.P.M.C) are public officers of the Federal Republic of Nigeria within the meaning of the Constitution of the Federal Republic of Nigeria, 1979.

(ii) Whether the Nigerian Security Printing and Minting Company Limited is part of the public service of the Federal Republic of Nigeria.

(iii) Whether the provisions of the Pensions Act, Cap.346 Laws of the Federation are applicable to the employees of N.S.P.M.C by virtue of being public officers of the federation.

(iv) If the answer to question 3 is in the negative whether as having been (sic) members of the public service of Nigeria and thereby made subject to the disabilities, liabilities and restrictions applicable to such officers the provisions of the Pensions Act which deprive them of some pension rights and privileges applicable to other public servants under that Act are not inconsistent with the constitution and therefore void.

The appellants, as plaintiffs then claimed the following reliefs:-

“…Declaration that:

1. The 1st defendant is part of the public service of the Federal Republic of Nigeria.
2. The plaintiffs being former employees of the 1st defendant were subject to the disabilities, liabilities and restrictions prescribed for the members of the public service of the federation by or under the constitution of the Federal Republic of Nigeria, 1979 and are therefore entitled to enjoy all the rights, privileges and immunities including the pension rights of public servants under the constitution of the Federal Republic.
3. That the 1st defendant being part of the public service of Nigeria and having obtained the approval of the Federal Minister of Finance and Economic Development to implement its pension scheme in accordance with the Federal Government Guidelines is subject to the provisions of the Pensions Act Cap 346 Laws of the Federation 1990.
4. Each of the 1st – 3rd plaintiffs and those they represent who were compulsorily retired from service after attaining the age of 45 years was entitled to commence to receive his pension on the basis of total emolument effective from the date of retirement.
5. Each of the 5th – 7th plaintiffs and those they represent who were compulsorily retired from the service of the 1st defendant before attaining the age of 45 years were entitle to receive pension on the basis of total emolument from the date of his retirement notwithstanding the fact that he had not as yet attained the age of 45 years.
6. An order of mandamus compelling the defendants to pay pension to the plaintiffs in accordance with provisions of the Pension Act Cap 346 laws of the Federation 1990-”

At the conclusion of arguments, the trial court granted all the claims of the plaintiffs/appellants in the following terms:-

“(i) The employees of the Nigerian Security Printing and Minting Company Limited are public officers of the Federal Republic of Nigeria 1979.

(ii) The Nigerian Security Printing and Minting Company Limited is part of the public service of the Federal Republic of Nigeria.

(iii) The provisions of the Pension Act Cap 346 laws of the Federation of Nigeria 1990 are applicable to the employees of the Nigerian Security Printing and Minting Company Limited by virtue of being public officers of the Federation.

(iv) Any provisions of the Pension Act which deprives them of some pension rights and privileges applicable to other public servants under that Act are inconsistent with the constitution and therefore void.”