Socio-Economic Rights and Accountability Project (SERAP) and
several pensioners’ associations have asked the ECOWAS Court of
Justice in Abuja to order the federal government led by President
Muhammadu Buhari to deduct the pensions, salaries and gratuities of
pensioners and workers across several states of Nigeria from the
statutory allocations of the indebted state governments.
They also want President Muhammadu Buhari to order the payment
of same directly to the pensioners and workers on a-monthly
basis.
In the suit marked number ECW/CCJ/APP/39/2017, the plaintiffs
are suing over violations of the human rights of workers and
pensioners to equality and equal treatment.
They want immediate payment of all outstanding pensions,
salaries and gratuities through deductions from statutory
allocations of the indebted state governments, and payment of
adequate money compensation of N50 million to each of the
pensioners and workers.
Other plaintiffs joining SERAP in the suit are: First Bank of
Nigeria Pensioners (Lagos); Mrs Comfort C. Owoha; Joseph Agabi;
Osemwenkha G.O, and Mrs J.E. Enabunlele. The plaintiffs are suing
for themselves and on behalf of their members and other workers and
pensioners across the country whose salaries and pensions have not
been by the states and Federal Government for several months.
In the suit filed on their behalf by Solicitor to SERAP, Femi
Falana, the plaintiffs argued that the retirement system in Nigeria
violated the right to equal protection of the law and dignity since
senior public officials continue to receive “privileged pensions”,
salaries and gratuities while the 2nd—7th plaintiffs, their members
and several other Nigerian pensioners and workers continue to be
denied their entitlements, salaries and gratuities.
They also argued that, “Under international law, Nigeria cannot
invoke the provisions of its internal laws or the nature of its
federation as justification for its failure to perform a treaty
obligation. A fundamental rule of the law of State responsibility
is that a State cannot escape its responsibility on the
international plane by referring to its domestic legal
situation.”
The suit read in part: “Ultimately, the Federal Government
cannot escape its responsibility to achieve the effective
realization of the rights of Nigerian workers and pensioners to
timely and regular payment of salaries, entitlements and
gratuities, as it retains ultimate responsibility to ensure the
rights of workers and pensioners are fully realized.”
“Workers and pensioners in several states in Nigeria have been
victims of violations of civil and political rights and even more
severely, of economic, social, and cultural rights. The 2nd-7th
plaintiffs and their members and other Nigerian pensioners and
workers have experienced extreme poverty, discrimination, social
exclusion, stigmatization, and deprivation of protections and
entitlements on an ongoing basis due primarily to the failure
and/or negligence of the Federal Government to ensure that several
states of Nigeria pay accrued pensions, salaries and
gratuities.
“By granting the reliefs sought, the ECOWAS Court would be
recognizing and reiterating the need for the government and its
federating units to protect the rights and interests of the
vulnerable, disadvantaged, and marginalized groups.
“Despite their obligations to protecting the human rights of
vulnerable, disadvantaged and marginalized individuals and groups,
the government has failed to prevent the systematic violation by
several states of the federation of a wide range of human rights as
a result of the continuing failure and/or negligence to ensure that
the states timely and regularly pay workers’ salaries and
pensioners’ entitlements and gratuities.
“The government has failed and/or neglected to ensure the timely
payment of over 42 months of outstanding pensions and gratuities in
Edo State of Nigeria despite Edo State receiving funds in the form
of over N29 billion Paris Club refunds between November 2016 and
July 2017 from the government.
“The government has since 2013 failed and/or neglected to ensure
payment of accrued pensions and gratuities to about 4000 members of
the Association of Retired Local Government Staff and Primary
School Teachers in Delta State across 25 Local Government Councils
of the State, leaving the pensioners to live in extreme
poverty.
“Mrs Comfort C. Owoha served for 35 years as staff of the Sokoto
State Primary School Board. But payment of her pensions expected to
commence in 2001 after verification was inexplicably stopped by the
Sokoto State Government.
“The government has failed to exercise due diligence, leading to
the refusal and failure of the First Bank of Nigeria PLC to pay its
pensioners accrued entitlements and gratuities and when pensions
and gratuities are paid the Bank pay as low as N11,000, 13,000 as
pensions despite the enormous amount in the Banks’s pension
fund.
“The government has since December 2014 failed and/or neglected
to ensure that Osun State of Nigeria remits monthly pensions
deducted from the contributory pensioners. The government has also
failed and/or neglected to ensure regular and timely payment of
pensions and gratuities in Osun State, and that contributory
pensioners have not been paid since January 2015.
“The government has failed and/or neglected to pay members of
the Federal Civil Service Pensioners Association of Nigeria accrued
pensions. The government continues to engage the Nigeria Union of
Pensioners while deliberately sidelining the Federal Civil Service
Pensioners Association of Nigeria and its members. The government
is failing and/or refusing to ensure payment by several states of
Nigeria of workers’ salaries and pensioners’ entitlements,
amounting to billions of Naira in arrears.
“International human rights treaties to which Nigeria is a state
party impose obligations on the government to ensure that economic
difficulties and times of severe resource constraints cannot be
used to undermine the enjoyment of the human rights of workers and
pensioners in Nigeria, and disproportionately hurt them.
“The right to timely and regular payment of pensions and
salaries is essential, particularly when a person does not have the
necessary property available, or is not able to secure an adequate
standard of living through old age or economic and social
factors.
“According to the Nigeria Union of Local Government Employees
(NULGE), 23 states of the federation currently owed workers arrears
of salaries ranging from one to 24 months. The NULGE gave the
breakdown of states as follows: Bayelsa State: 10 to 16 months;
Kogi State: between seven to 15 months; Delta State: eight to 14
months; Kaduna State:12 months; Oyo State: three to 11 months; and
Edo State: 10 months.
“Others are Abia State: five to nine months; Kwara State: two to
nine months; Benue State: nine months; Nasarawa State: seven
months; Ondo, Ekiti, Imo States: six months; while Zamfara State
has not implemented minimum wage. Adamawa, Rivers, Akwa Ibom,
Ebonyi, Plateau States are owing four months; Taraba and Federal
Capital Territory: three months while Osun state has been paying
half salaries for 24 months; and staff are owed few months in Enugu
State.”
The plaintiffs therefore are asking the ECOWAS Court of Justice
for the following reliefs:
“A declaration that the continuing failure and/or negligence of
the Defendant to promote and ensure timely and regular payment by
several states of Nigeria of pensioners’ entitlements and workers’
salaries and gratuities cannot be justified under any
circumstances.
“A declaration that the failure and/or negligence of the
Defendant to provide an environment necessary for securing and
promoting the enjoyment of the human rights of pensioners and
workers at the federal level and in several states of Nigeria to
equality and equal treatment; equal protection of the law and
non-discrimination; to dignity and independence; is unlawful.
“A declaration that the failure of the Defendant to promote and
ensure an effective remedy and reparation for pensioners and
workers who have continued to suffer due to the non-payment of
pensions, salaries and gratuities by several states of Nigeria is
unlawful.
“A declaration that the refusal of the Defendant to ensure the
payment of pensions, salaries, and gratuities of the Plaintiffs is
illegal and unlawful.
“An order directing the Defendant to respect, protect, promote,
and fulfil the human rights of pensioners and workers to timely and
regular payment of pensions, salaries and gratuities and therefore,
to equality and equal treatment; equal protection of the law and
non-discrimination; to dignity and independence; to the respect of
the dignity inherent in a human being; to adequate standard of
living and well-being; to property; to work; to family life; and to
economic and social development.
“An order directing the Defendant and/or its agents to provide
effective remedies and reparation, including adequate compensation,
restitution, satisfaction or guarantees of non-repetition that the
Honourable Court may deem fit to grant to pensioners and workers
that have continued to suffer due to the failure and/or refusal by
the Defendant to promote and ensure payment by several states of
Nigeria of pensioners’ entitlements and workers’ salaries and
gratuities.”
Socio-Economic Rights and Accountability Project (SERAP) and
several pensioners’ associations have asked the ECOWAS Court of
Justice in Abuja to order the federal government led by President
Muhammadu Buhari to deduct the pensions, salaries and gratuities of
pensioners and workers across several states of Nigeria from the
statutory allocations of the indebted state governments.
They also want President Muhammadu Buhari to order the payment
of same directly to the pensioners and workers on a-monthly
basis.
In the suit marked number ECW/CCJ/APP/39/2017, the plaintiffs
are suing over violations of the human rights of workers and
pensioners to equality and equal treatment.
They want immediate payment of all outstanding pensions,
salaries and gratuities through deductions from statutory
allocations of the indebted state governments, and payment of
adequate money compensation of N50 million to each of the
pensioners and workers.
Other plaintiffs joining SERAP in the suit are: First Bank of
Nigeria Pensioners (Lagos); Mrs Comfort C. Owoha; Joseph Agabi;
Osemwenkha G.O, and Mrs J.E. Enabunlele. The plaintiffs are suing
for themselves and on behalf of their members and other workers and
pensioners across the country whose salaries and pensions have not
been by the states and Federal Government for several months.
In the suit filed on their behalf by Solicitor to SERAP, Femi
Falana, the plaintiffs argued that the retirement system in Nigeria
violated the right to equal protection of the law and dignity since
senior public officials continue to receive “privileged pensions”,
salaries and gratuities while the 2nd—7th plaintiffs, their members
and several other Nigerian pensioners and workers continue to be
denied their entitlements, salaries and gratuities.
They also argued that, “Under international law, Nigeria cannot
invoke the provisions of its internal laws or the nature of its
federation as justification for its failure to perform a treaty
obligation. A fundamental rule of the law of State responsibility
is that a State cannot escape its responsibility on the
international plane by referring to its domestic legal
situation.”
The suit read in part: “Ultimately, the Federal Government
cannot escape its responsibility to achieve the effective
realization of the rights of Nigerian workers and pensioners to
timely and regular payment of salaries, entitlements and
gratuities, as it retains ultimate responsibility to ensure the
rights of workers and pensioners are fully realized.”
“Workers and pensioners in several states in Nigeria have been
victims of violations of civil and political rights and even more
severely, of economic, social, and cultural rights. The 2nd-7th
plaintiffs and their members and other Nigerian pensioners and
workers have experienced extreme poverty, discrimination, social
exclusion, stigmatization, and deprivation of protections and
entitlements on an ongoing basis due primarily to the failure
and/or negligence of the Federal Government to ensure that several
states of Nigeria pay accrued pensions, salaries and
gratuities.
“By granting the reliefs sought, the ECOWAS Court would be
recognizing and reiterating the need for the government and its
federating units to protect the rights and interests of the
vulnerable, disadvantaged, and marginalized groups.
“Despite their obligations to protecting the human rights of
vulnerable, disadvantaged and marginalized individuals and groups,
the government has failed to prevent the systematic violation by
several states of the federation of a wide range of human rights as
a result of the continuing failure and/or negligence to ensure that
the states timely and regularly pay workers’ salaries and
pensioners’ entitlements and gratuities.
“The government has failed and/or neglected to ensure the timely
payment of over 42 months of outstanding pensions and gratuities in
Edo State of Nigeria despite Edo State receiving funds in the form
of over N29 billion Paris Club refunds between November 2016 and
July 2017 from the government.
“The government has since 2013 failed and/or neglected to ensure
payment of accrued pensions and gratuities to about 4000 members of
the Association of Retired Local Government Staff and Primary
School Teachers in Delta State across 25 Local Government Councils
of the State, leaving the pensioners to live in extreme
poverty.
“Mrs Comfort C. Owoha served for 35 years as staff of the Sokoto
State Primary School Board. But payment of her pensions expected to
commence in 2001 after verification was inexplicably stopped by the
Sokoto State Government.
“The government has failed to exercise due diligence, leading to
the refusal and failure of the First Bank of Nigeria PLC to pay its
pensioners accrued entitlements and gratuities and when pensions
and gratuities are paid the Bank pay as low as N11,000, 13,000 as
pensions despite the enormous amount in the Banks’s pension
fund.
“The government has since December 2014 failed and/or neglected
to ensure that Osun State of Nigeria remits monthly pensions
deducted from the contributory pensioners. The government has also
failed and/or neglected to ensure regular and timely payment of
pensions and gratuities in Osun State, and that contributory
pensioners have not been paid since January 2015.
“The government has failed and/or neglected to pay members of
the Federal Civil Service Pensioners Association of Nigeria accrued
pensions. The government continues to engage the Nigeria Union of
Pensioners while deliberately sidelining the Federal Civil Service
Pensioners Association of Nigeria and its members. The government
is failing and/or refusing to ensure payment by several states of
Nigeria of workers’ salaries and pensioners’ entitlements,
amounting to billions of Naira in arrears.
“International human rights treaties to which Nigeria is a state
party impose obligations on the government to ensure that economic
difficulties and times of severe resource constraints cannot be
used to undermine the enjoyment of the human rights of workers and
pensioners in Nigeria, and disproportionately hurt them.
“The right to timely and regular payment of pensions and
salaries is essential, particularly when a person does not have the
necessary property available, or is not able to secure an adequate
standard of living through old age or economic and social
factors.
“According to the Nigeria Union of Local Government Employees
(NULGE), 23 states of the federation currently owed workers arrears
of salaries ranging from one to 24 months. The NULGE gave the
breakdown of states as follows: Bayelsa State: 10 to 16 months;
Kogi State: between seven to 15 months; Delta State: eight to 14
months; Kaduna State:12 months; Oyo State: three to 11 months; and
Edo State: 10 months.
“Others are Abia State: five to nine months; Kwara State: two to
nine months; Benue State: nine months; Nasarawa State: seven
months; Ondo, Ekiti, Imo States: six months; while Zamfara State
has not implemented minimum wage. Adamawa, Rivers, Akwa Ibom,
Ebonyi, Plateau States are owing four months; Taraba and Federal
Capital Territory: three months while Osun state has been paying
half salaries for 24 months; and staff are owed few months in Enugu
State.”
The plaintiffs therefore are asking the ECOWAS Court of Justice
for the following reliefs:
“A declaration that the continuing failure and/or negligence of
the Defendant to promote and ensure timely and regular payment by
several states of Nigeria of pensioners’ entitlements and workers’
salaries and gratuities cannot be justified under any
circumstances.
“A declaration that the failure and/or negligence of the
Defendant to provide an environment necessary for securing and
promoting the enjoyment of the human rights of pensioners and
workers at the federal level and in several states of Nigeria to
equality and equal treatment; equal protection of the law and
non-discrimination; to dignity and independence; is unlawful.
“A declaration that the failure of the Defendant to promote and
ensure an effective remedy and reparation for pensioners and
workers who have continued to suffer due to the non-payment of
pensions, salaries and gratuities by several states of Nigeria is
unlawful.
“A declaration that the refusal of the Defendant to ensure the
payment of pensions, salaries, and gratuities of the Plaintiffs is
illegal and unlawful.
“An order directing the Defendant to respect, protect, promote,
and fulfil the human rights of pensioners and workers to timely and
regular payment of pensions, salaries and gratuities and therefore,
to equality and equal treatment; equal protection of the law and
non-discrimination; to dignity and independence; to the respect of
the dignity inherent in a human being; to adequate standard of
living and well-being; to property; to work; to family life; and to
economic and social development.
“An order directing the Defendant and/or its agents to provide
effective remedies and reparation, including adequate compensation,
restitution, satisfaction or guarantees of non-repetition that the
Honourable Court may deem fit to grant to pensioners and workers
that have continued to suffer due to the failure and/or refusal by
the Defendant to promote and ensure payment by several states of
Nigeria of pensioners’ entitlements and workers’ salaries and
gratuities.”
Read more https://www.nairalaw.com/serap-pensioners-drag-buhari-to-ecowas-court/