Court fixes May 23 for hearing in Imo pensioners suit against Govt

Justice Olufunke Anuwe of the National Industrial Court Owerri division has fixed May 23, 2017 for commencement of hearing in the suit filed against the Imo State government by Nigeria Union of Pensioners (NUP).
The union is challenging the directive of the state government to compel its members to fill a form to forfeit 60 percent of their pensions and the state government to pay only 40 percent of the accumulated pension arrears to pensioners.

When the suit mark NICN/OW/144/2017, pending before Justice Anuwe came up for mention on Friday, Mrs A.N.Eluwa, the counsel for all the defendants told the court that his clients have replied the process served to them by the claimants’ counsel., Mr.Wisdom Uche Durueke.

Eluwa who doubles as the state solicitor general and permanent secretary ministry of Justice told the court that they were ready for commencement of hearing if the claimant’s counsel is willing to progress.
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But Mr Durueke, counsel to the claimants told the court that he received part of the reply on Thursday while the other part was served him in court today (Friday) April 28.
He however told the court that his clients have two weeks by law to file reply to their address.He also complained to the court that in spite the fact that the matter filed by his clients was in court the defendants went ahead to act in a manner that is capable of causing serious problem.

He said, “If we had their complete address yesterday, we would have done everything possible to file it and the matter would have progressed today. We therefore request for an extension of time to respond to the address.”
Fielding questions from journalists after the court session, Durueke expressed happiness that the court has given both parties opportunity to ventilate themselves.
He also confirmed to journalists that state governments feign ignorance of the existence of the Nigeria Union Pensioners branch in Imo state.

The originating summons filed by claimants had urged the court to declare that the state governor acted unconstitutionally when he slashed the accrued sums due to the pensioners in the public service of the State by 60 percent.
In the originating summons, the union also requested the court to set aside the letter/form prepared by the State government under Governor Okorocha, addressed to the accountant-general and entitled “Letter of Set off in Respect of my Outstanding Pension Arrears.”
It will be recalled that the state government had in December 2016 shared forms to pensioners and to sign an undertaking to accept the slashing of their pension to 40 percent.