Unity Bank Plc. V. P. K. Ukpokolo & Ors. (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

GEORGE OLADEINDE SHOREMI, J.C.A.

This is an appeal against the judgment of Acha J. sitting at the High court of Justice Edo State in suit No. B/328/02 delivered on 24th day of January, 2008. The Respondents Claim as Plaintiffs in its Further Amended Statement of Claim as follows:

i) A declaration that in terms of the Collective Agreement which is the agreement between the Nigeria Employers Association of banks insurance and Allied institutions and the Association of senior staff of Banks insurance and Financial Institutions and agreements of 27/2/92 and 17/10/2000 pension payment is based on total emoluments (that is basic salary, housing, transport and luncheon) and not on basic salary.

ii. A declaration that pension payment based on basic salary now being paid by the Defendant to the Plaintiffs severally is contrary to the terms of the collective Agreement and the Memorandum of Agreement of 27/2/92 and of 17/10/2000.

iii. An order of this Honourable Court that pension payment based on total emolument should be paid henceforth and/or from May, 2002 to the plaintiffs.

3. An order of this Honourable Court that pension payment based on total emolument should be paid henceforth and/or from May, 2002 to the Plaintiffs.

iv. An order that the Defendant should pay the Plaintiffs severally the short falls of pension payment being paid by the Defendant to the Plaintiffs based on basic salary instead of total emoluments from February 2001 till April, 2002.

The shortfall for the 1st Plaintiff is N118,518.00

The shortfall for the 2nd Plaintiff is N151,433.00

The shortfall for the 3rd Plaintiff is N69,307.20

The shortfall for the 4th Plaintiff is N52,010.83

The shortfall for the 5th Plaintiff is N47,410.66

The Plaintiffs are also seeking a declaration of this Honourable Court that they are severally entitled to an increase on their pension benefit of 150% based on the review of pension rates.

The Appellant as Defendant also amended its statement of defence as contained on pages 37-38 of the Records’