Nigerian National Petroleum Corporation V. Mamman Aminu (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA GEORGE MBABA, J.C.A. (Delivering The Leading Judgment)

On 5th May, 2007, Hon Justice A. M. Liman, of the Federal High Court, Kaduna, delivered judgement in suit No. FHC/KD/CS/39/2005, granting the reliefs sought by the Plaintiff (Respondent herein) and held that the Respondent’s services of Appellant for 9 years, 6 months and 1 day be deemed as 10 years for the purpose of defining his entitlements to the payment of pension. The lower Court, therefore, ordered that the Respondent be paid pension, calculated from 20th June, 2003 and for the rest of his life. This appeal is against that decision.

As per the claims at the lower court, the Respondent had been a staff of the Appellant, until 30th April, 1996, when he voluntarily retired, after putting 9 years, 6 months and 1 day in the service of the Appellant. Subsequently, upon attaining the ‘age of retirement’ (45 years), the Respondent claimed a right to pension, due to persons who retired by that age, on being employed for 10 years by the Appellant. Appellant had denied this claim, or the grounds that the actual period of Respondent’s service did not qualify him for pension.

In the declaratory reliefs sought by the Respondent, he claimed as follows in the originating summons-

“(a) A declaration that the plaintiff’s 9 years, 6 months and 1 day of service in the employment of the Defendant is equal to 10 years, for the purpose of calculation and payment of his pension, as provided by the NNPC Senior Staff Conditions of Service.

(b) A declaration that the plaintiff is entitled to payment of his pension by the Defendant.

(c) An Order directing the Defendant, with immediate effect, to commence the payment of the plaintiff’s cumulated pension from 20th day of June, 2003 (i.e. the date of attainment of the statutory pensionable age), till date und hence forth for life.”

(Page 5 of the Records of Appeal)

Appellant filed the Notice of Appeal on 30/3/2009, with the leave of this court, granted on 27/3/2009. It raised a lone ground of appeal, as follows-

“The Honourable Judge erred in law when he held that- ‘I have already quoted paragraph 15.6 thereof and it is very clear that on its very wording the 10th year of service, need not be an absolute year for the purpose of calculation of pension provided it is more than 6 months’ and that the Respondent (sic) service of 9 years, 6 months and 1 day was sufficient to satisfy the clear 10 years qualification for pension under NNPC Conditions of Service.

PARTICULARS-

i) NNPC Conditions of Service clearly required service of 10 years to earn pension and the ordinary and natural meaning of 10 years is full calendar years.

ii) The Respondent had not worked for 10 years and the entire basis of the learned judge’s conclusion that the qualification is satisfied is his interpretation of a note to paragraph 15.6 of the Conditions of Service.

iii) Paragraph 15.6 is a mere schedule dealing with calculation of pensions for eligible persons. The schedule itself makes clear that entitlements to pension begins upon 10 years of qualifying service. This is the internal con by which the note is to be constructed. That is, upon eligibility having arisen at 10 years, pension will be calculated according to the note.