Alhaji (Hon) Ishola Lawal & Ors. V. Attorney General Of Kwara State & Anor (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SOTONYE DENTON WEST, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of the Kwara State High Court of Justice (hereby referred to as the lower court) delivered on 1/6/09 by Hon. Justice E.B. Mohammed, in which the claimants were the appellants and the defendants, respondents.

The appellants on behalf of 9,024 Kwara State accredited pensioners sought for the following declarations and orders:

1. A DECLARATION that the defendants or any of their agents or assigns cannot validly withhold or alter the Claimants pensions and gratuities to their disadvantage, as such withholding act of the claimants pensions and gratuities arrears is in contravention of section 10 of the Kwara State Pensions and Gratuities Law, 2008.
2. A DECLARATION that the unilateral stoppage, non-payment and deduction of 50 percent of Kwara State 9,030 accredited pensioners N1.68billion pensions and gratuities arrears in contravention of section 210 of the Constitution of the Federal Republic of Nigeria and Section 10 of the Kwara State Pensions and Gratuities Law 2008, is illegal, null, void and of no effect whatsoever.
3. AN ORDER mandating the payment forthwith of the claimants N1.68 billion pensions and gratuities arrears illegally withheld by the defendants and/or any of their agents.
4. AN ORDER of injunction restraining the defendants, their agents or assigns from further act of withholding, deducting or stopping payment of the claimants pensions and gratuities in total disregard of the statutory prescription in Kwara State Pensions and Gratuities Law, 2008.

The appellants vide a Motion EX Parte dated 1/9/08 sought for the following reliefs and grounds.

(1) AN ORDER of this Honourable Court granting leave to the claimants herein to bring this action in a representative capacity; for themselves and on behalf of 9,024 Kwara State Government accredited pensioners entitled to N1.68 billion withheld pensions and gratuities arrears.

(2) AN ORDER deeming the originating processes filed, in a representative capacity, as properly filed and served, the necessary filling fees having been paid.

(3) AND for such further order(s) as the Honourable Court may deem fit to make in the circumstances of this humble application.

GROUNDS OF THE APPLICATION

1. The Claimants herein are 9,030 pensioners accredited by Kwara State Government is entitled to N3.3 billion for settlement of their pensions and gratuities arrears in between 1976 and 2007.
2. The Claimants have the authority of all the other 9,024 pensioners to institute this action on their behalf.
3. It will be in the interest of Justice to grant this application.”

The learned trial judge granted the orders sought above, there after the respondents filed a counter-affidavit and a preliminary objection dated 23/2/09 seeking for the following reliefs:-

“(1) AN ORDER dismissing and/or striking out the claimants’ suit for want of jurisdiction on the grounds set out hereunder.

(2) AND FOR SUCH FURTHER ORDER(S) as this Honourable Court may deem fit to make in the circumstance of this case.

GROUNDS OF OBJECTION

a. The Claimants instituted this action on 2nd September 2008 over an alleged unilateral stoppage, non-payment and deduction of 50 percent of Kwara State 9,030 accredited pensioners N1.68 billion pensions and gratuities arrears.

b. The action of the claimant was a result of an agreement between the State government and the Nigeria Union of Pensioners (exhibit MOJ 1 of the counter-affidavit against originating summons) dated 16th April 2008.