The Presiding Judge, Makurdi Judicial Division of the National Industrial Court, Hon. Justice Isaaac Essien has declared the withholding of retirees, Mr. Cletus Iorember and Mrs Donna Akya’s pensions and gratuities by the Government of Benue State, its Attorney General and the State Pension Commission as unconstitutional and unlawful.
The Court ordered the Government of Benue State to pay Mr. Cletus Iorember, and Mrs Donna Akya the sum of N12,273,030.06k, N14,125,921.5k, respectively being the balance of their unpaid gratuity and pension arrears.
The Court directed that the amount ordered to be paid shall be in instalments with payment of N1m each to Mr. Cletus Iorember, and Mrs Donna Akya by the 28th February 2023 and subsequent payment of N500k monthly until the liquidation of the judgment debt.
From facts, the claimants- Mr. Cletus Iorember, and Mrs Donna Akya had sought a declaration that the withholding of their pensions and gratuities by the Defendants is Unconstitutional and unlawful.
Likewise, AN ORDER directing the Government of Benue State and 2 others to forthwith pay them the sum of N 26,527,952.01 (Twenty Six Million, Five Hundred and Twenty-Seven Thousand Nine Hundred and Fifty-Two Naira one kobo) being their gratuities and arrears of pensions withheld by the defendants between their dates of retirement and October 2021.
Mr. Cletus Iorember averred that since his retirement on 6th June 2014, the State Government is owing him pension for 89 months out of which he has been paid pension for 56 months remaining 33 months unpaid totalling the sum of N5,888,823.06 and the sum of N5,888,823.06 unpaid gratuity.
In defense, the defendants urged the court to dismiss the claim for lack of proof.
Delivering the judgment, the presiding Judge, Justice Isaac Essien held that by the combined provisions of Benue State Pension Reform Law, 2019, Mr. Cletus Iorember, and Mrs Donna Akya have the right to be paid gratuity and to receive pension upon retirement from service of Benue State Government.
However, the court refused the claim for 20% damages on the judgment sum for lacking merit.
