LAGOS – A Federal High Court in Lagos on Thursday fixed Oct. 29 to hear a committal proceeding filed by some pensioners against the Central Bank of Nigeria (CBN), over disobedience of judgment.
The plaintiffs — Messrs James Jemilo, Thompson Edun, Jacob Amao, and Joachim Ajala – had filed the substantive suit for themselves and on behalf of all CBN pensioners, on May 6, 1999.
The suit was to compel the CBN to comply with the Federal Government’s directive on pension harmonisation.
Officials of the bank charged with contempt are: Deputy Governor, Corporate Services, Alhaji Suleiman Barau; Director Human Resources, Ms Chizoba Mojekwu; and Director of Legal Services, Mr Simon Onekutu.
The suit which was earlier fixed for hearing on Oct. 6, was adjourned by the court on Thursday, to Oct. 29, as the earlier date had fallen within the Sallah holidays.
On the date, the court will hear the substantive suit and a preliminary objection to it.
NAN reports that the plaintiffs had averred that the harmonisation policy was introduced in the public service with effect from Jan. 1, 1997.
“The policy was designed to eliminate the disparities in the pensions of workers who retired on the same grade, with those who served the same number of years but retired at different times” they averred.
According to the plaintiffs, following alleged failure by CBN to comply with the policy, they filed suit number FHC/L/CS524/99 before a Federal High Court in Lagos, seeking an order, compelling it to so abide.
The CBN had in its defence said that it could only pay the harmonised pension, subject to “affordability and sustainability” of pension funds.
However, a judgment delivered on May 22, 2000, by Justice Wilson Egbo-Egbo, (now retired), granted the reliefs sought by the pensioners.
Egbo-Egbo had directed CBN to pay the applicants all accrued pensions with effect from Jan. 1 1997, on emoluments currently earned by their serving counterparts. [eap_ad_2] The judge had held that this was as prescribed by the Federal Government’s policy on harmonisation of pensions, adding that such accrued pensions were to be paid subsequently, as and when due.
Dissatisfied with the Federal High court’s judgment, CBN had appealed its decision before the Court of Appeal, and later the Supreme Court.
NAN recalls that both appellate courts, had affirmed the decision of the lower court, on Dec. 5, 2006, and May 21, 2010 respectively.
The plaintiffs averred that after the Supreme Court’s judgment, CBN slightly enhanced the pension arrears of about 1,604 pensioners who retired before June 1, 2000,out of 5,000 eligible pensioners.
According to the plaintiffs, by so doing, the CBN failed to comply with the court’s judgment, in spite of several letters written by their counsel, and given ample time to regularisen the anomaly.
It was against the backdrop of the alleged refusal by CBN to heed the court’s judgment, that the plaintiffs initiated a contempt proceeding against it in November 2013, before Justice Saliu Saidu.
The plaintiffs had filed both Form 48 (Notice of consequence of disobedience to court order) and Form 49 (Notice to show cause why order of attachment and committal should not be made.
At the last adjourned date, the plaintiffs’ counsel, Mr Tani Molajo (SAN), had drawn the court’s attention to a notice of preliminary objection to the suit, filed by the defence.
He also observed that the alleged contemnors were absent in court, adding that contempt was a quasi criminal proceeding, which required their presence irrespective of status.
In response, defence counsel, Mr Tunde Olojo, had craved the indulgence of the court on the absence of his clients, on the grounds that they were attending a board meeting.
He had exhibited a sworn affidavit to that effect, and was obliged by the court, while the case was adjourned at the instance of the defence. (NAN) [eap_ad_3]
