MR. Joseph Oluwabunmi Akanbi Awotiku V. Nigerian Civil Aviation Authority (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of Hon. Justice Okechukwu J. Okeke of the Federal High Court, Lagos Division delivered on the 30th of June, 2009.

By an Originating Summons filed on 20th May, 2008 the Plaintiff now Appellant sought for the determination of the following questions at the trial Court, to wit:

(1) Whether by the combined effect of Sections 8(1) and 2(1) of Reform Pension Act 2004, any employee who retired within 3 years of the enactment of this Act can be compelled or can himself chose to be covered by the Reform Pension Act 2004, such that his Pension can be managed by Pension Fund Administrator or;

Whether by the combined effect of Sections 8(1) and 2(1) the Act envisaged exception to those who retired within 3 years of the operation of the Act.

(2) Whether having regard to the provisions of Sections 8(1), 12(1) and the whole Act, there are three categories of beneficiaries of pension scheme recognized by the Act i.e.

(i) Those who have less than three years to retire but are already under certain Pension Scheme.

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(ii) Those who have more than 3 years but are already under certain Pension Scheme and

(iii) Those who are not under any Pension Scheme before the enactment of this Act.

(3) Whether having regard to the provision of Section 8(1) of the Pension Reform Act 2004, the plaintiff who voluntarily retired from the service of the Defendant on 1st day of December, 2006 having served the Defendant for more than 28 years can be compelled to be placed under the operation of the Reform Pension Act 2004.

(4) Whether having regard to the provision of Section 8(1) of the Reform Pension Act 2004, the Plaintiffs gratuity can be in accordance with Pensions Act 1990 or Reform Pension Act 2004 computed and estopped from enjoying his monthly pension.”

In the said Originating Summons, the Appellant claimed the following Reliefs against the Defendant now Respondent.

1. A declaration that the Plaintiff having voluntarily retired on 1st December, 2006, from the service of the Defendant after he has put, in a 28 years of meritorious service is qualified and entitled to gratuity and Pension in accordance with the provisions of the Pensions Act 1990.

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