CORAM

PARTIES

LATEEF BABATUNDE AJAO? APPELLANTS

THE PERMANENT SECRETARY, MINISTRY OF ECONOMIC PLANNING BUDGET CIVIL SERVICE PENSIONS OFFICE.THE HON. ATTORNEY GENERAL OF LAGOS STATE? RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Claimant/Appellant who was in the service of Lagos State Government for over 31 years retired as a Permanent Secretary on the 1st of August 2002. Upon failure of the 1st Defendant to pay his pension and gratuity after several correspondences via his lawyers, he instituted an action before the Lagos State High Court claiming a declaration that the unnecessary withholding of his terminal benefits is wrongful, null and void,  an order that the Defendants pay the terminal benefits calculated in the sum of N247,000.00 monthly salary from 1st August 2002 the gratuity will be N8,892,000.00 (Eight Million Eight Hundred and Ninety Two Thousand Naira) and the pension arrears from 1st August 2002 to 31st March 2008 in the sum of N16,796,000.00 (Sixteen Million Seven Hundred and Ninety Six Thousand Naira), the total sum being N25, 688,000.00 (Twenty Five Million Six Hundred and Eight Thousand Naira) with interest at the rate of 20% per annum will be N52, 070, l 15.00 (Fifty Two Million Seven Thousand One Hundred and Fifteen Naira). The Claimant/Appellant also sought the sum of N5,000,000 (Five Million Naira) being general damages for the psychological trauma and untold hardship the delay in the payment of the Claimant’s terminal benefits. Pleadings were exchanged by the parties. The Defendants relying on section 2(a) of the Public Officer Protection Law, Cap P26 Laws of Lagos State, filed a notice of preliminary objection contending that the Claimant/Appellant’s action was statute barred. The trial court upheld the objection hence the instant appeal.

HELD

Appeal Allowed

ISSUES

?    Whether having regard to the right to pension guaranteed under the 1999 Constitution of the Federal Republic of Nigeria and the circumstances of the instance case, the learned trial judge was right when he held that the Appellant’s action is caught by the provision of section 2(a) of the Public Officer Protection Law, Cap P26 Laws of Lagos State?

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

Constitution of the Federal Republic of Nigeria 1999 (as amended)Limitation Law of Lagos State, Cap L67 Laws of Lagos State 2003

Pensions Act 1974

Public Officer Protection Law, Cap P26 Laws of Lagos State

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