The National Industrial Court in Ibadan, has awarded a cost of N500, 000, against the Ogun Government for non-review of pension of retired Judges in the state.
Justice John Peters awarded the cost on Tuesday while delivering judgment in a suit filed by 12 judges who retired from the state between 1993 and 2018.
Peters also ordered an immediate upward review of the pension of the retired state judicial officers as well as payment of their medical allowances.
He explained that the claimants were entitled for an upward review of their pensions in view of Section 210 of the constitution of Nigeria which says “pension must be review every five years or whenever salaries of civil servants are review”.
The judge noted that the pension of the claimants was last reviewed in 2007, adding that, that was in breach of section 210 of the constitution of the Federal Republic of Nigeria.
“I declare that the claimants are entitled for upward review of their pension in view of Section 210 of the Constitution of the Federal Republic of Nigeria.
“I also declare that the claimants are entitled to payment of their medical allowances, and I award N500, 000 as cost of instituting the suit in favour of the claimants against the Ogun Government,” he said.
Peters said that the duty imposed by section 210 of the constitution, ought to be performed by those in authority without interference of the court.
He added that instituting the suit by the claimants, was an indictment on the part of those in authority of not doing the right thing and breaching the constitution of the Federal Republic of Nigeria.
The judge said that some of the claimants in the suit were close to 100 years and were senior citizens, who had served the state meritoriously.
He advised those in position of authority in the country to always remember that they would one day become senior citizen.
“We must examine our attitude on the way we treat senior citizens in Nigeria so that they will not regret serving the country,” Peters said.
The judge also said that respondents did not file any process to challenge the suit, adding that Mrs M. Oliyide, Deputy Director, Civil Litigation, Ogun, appeared conditionally which wasn’t allowed in the National Industrial Court.
He said that the conditional appearance of the counsel was a cosmetic and the court does not allow that.
The News Agency of Nigeria (NAN), reports that the claimants who instituted the suit through their counsel, Mr Sola Ojutalayo, SAN, are retired Justices Jacob Sofalahan, Titilola Mabogunje, and Gabsiu Bakre.
Others are Yetunde Adewolu, Babasola Ogunade, Samson Oduntan, Thompson Adesalu, Oluremi Adesida, Charles Jacob, Philip Onamade, Hezekiah Solanke and Olatokunbo Olopade.
The claimants are the state governor as well as the Attorney-General and Commissioner for Justice in the state who were represented Oliyide.
The claimants in their suit had prayed for an order of the court to mandate the Ogun Government to review their pension which was last reviewed in 2007.(NAN)
