Imo pensioners floor Okorocha over 60% pensions slash

The National Industrial Court, Owerri division, has issued an order of perpetual injunction restraining the Imo state government and her agents from slashing of pensions due pensioners of the state government.

The presiding judge, Justice Olufunke Anuwe, gave the order in a judgment delivered on Wednesday in Owerri in suit number NICN/OW/144/2017 filed by the state branch of the Nigeria Union of Pensioners (NUP) against the state governor and three others.

The court had on May 23, 2017 reserved judgment to July 5 after counsels to both parties had filed relevant papers.
Justice Anuwe, while delivering the judgment, stated that the claimants had on February 24, 2017 filed a suit seeking declaration and order directing the state government to respect and honour their rights to earn pensions.

She added that the claimants equally sought an order of perpetual injunction restraining the state government from further slashing of pensions.

The presiding judge noted that the claimants also urged the court to declare as a nullity, the recent action of the state government which unilaterally slashed the monthly pensions of pensioners by 60 percent and paid them 40 percent.

After review of claims and counter-claims and affidavits filed by parties, the court noted that the claimants have both the right to sue as well as interest in seeking for 100 percent payment to pensioners by the state government.

Anuwe therefore stated that the letters of employment and retirement tendered by the claimants clearly showed that the second to fourth claimants were entitled to pensions from the state government.

The court however frowned at what it described as the failure of the defence counsels in their duties to the defendants, saying “it is unfortunate that the defense counsel rather defend the actions of the defendants resolved to deny their action’’.

“From the whitepaper newspaper publication tendered, it is very clear to the court that the form issued to Imo pensioners to sign off 60 percent of their pensions, while collecting only 40 percent of the pension, came from the Imo state government.

“The defence counsel did not counter this evidence rather they only claimed that the defendants did not issue any form to pensioners.’’

The court in its judgment maintained that the state government do not have the right to utter pension due to state pensioners, adding “pensions matters as contained in section 201 of 1999 Nigeria Constitution is a constitutional matter and cannot be uttered by a state government.’’

While granting the order of perpetuate injunction restraining state government and its agents from further tampering with pensiosn and gratuities due NUP members, Anuwe stated that it is until the relevant sections of the constitution are amended the action is illegal.

Counsel to the Imo NUP, Mr. Wisdom Durueke, who led other lawyers thanked the court for such a sound judgment.
The state chairman of Nigeria Bar Association, Owerri branch, Mr. Lawrence Nwakenti, said his branch handled the suit free of charge because of clear injustice against the senior citizens.

The state chairman of Nigeria Labour Congress (NLC), Mr. Austin Chilakpu, and Chief Gideon Ezeji the state NUP chairman described the judgment as victory for not only Imo NUP, but that of pensioners across the country.

Chilapku said that the pensioners should see the judgment as “no victor, no vanquish’’, situation and appealed to the state government to abide by the judgment in the interest of labour/government cordiality.

Daily Times reports that hundreds of pensioners who stormed the court located at Owerri High Court premises venue of the National Industrial Court were in celebration mood when the judgment was delivered in their favour.

The NUP had approached the court for a declaration that the state government acted unconstitutionally when it cut or slashed the accrued sum due the pensioners in the public service by 60 percent.
They also requested the court to set aside the letter/form prepared by the state government under Governor Rochas Okorocha, addressed to the state accountant-general and entitled `Letter of Set off in Respect of my Outstanding Pension Arrears,’ among other prayers.