The Lagos State Government has been dragged to the National Industrial Court of Nigeria (NICN) by retired Justice Babajide Candide-Johnson of the Lagos High Court over unpaid entitlement.
Justice Candide-Johnson who was a former judge of the Lagos High Court is demanding his pension, severance gratuity, and other entitlements from the Lagos State government, a year after his retirement.
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He is also seeking an order directing the Lagos State Governor to forthwith calculate his pension based on the provisions of Section 291 (2) and (3a-c) of the 1999 constitution as well as Section 2 of the Pensions Rights of Judges Act to pay him the sum of N21,145,551.6 (Twenty One Million, One Hundred and Forty-Five Thousand, Five Hundred and Fifty-One Naira, Six Kobo).
As well as N10m as general damages for failure to pay his pension and gratuity in accordance with the law.
According to Skynewslink, in documents put before the court, the retired judge says during his years of service, he was enrolled in the contributory pension scheme of the Civil Service of Lagos State. Consequent upon this enrollment, several sums were deducted from his monthly salary by the Lagos State Government as his contribution to his pension.
The retired judge says that upon his retirement in June 2021, he is entitled to be paid and to receive 300% of his annual basic salary while in office by virtue of the Certain Political, Public, and Judicial Office Holders (Salaries and Allowances, Amendment Act of 2008.
The retired claimed that having filed a suit against the state government it has failed to comply strictly with the provisions of the constitution and the Pensions Rights of Judges in ensuring that his pension and other entitlements as well as severance gratuity are paid in accordance with the extant laws.
Apart from the Lagos State Governor, Mr Babajide Sanwo-Olu, Attorney General, Senior Advocate of Nigeria, Moyosore Onigbanjo, the Lagos State Judicial Service Commission, and the National Judicial Council (NJC) are also joined as defendants in the suit.
The retired judges insisted that it is the duty of the Governor of Lagos to pay the pension, severance, and retirement entitlements of a retired judge, a duty which arises from the fact that the Governor is the appointing authority and duty which has been so declared by the 4th defendant, the NJC by a letter addressed to all heads of courts in Nigeria dated 20th Nov 2009.
Justice Candide-Johnson also submitted that by a letter dated 13th Jan. 2021, the 3rd defendant, the Lagos State Judicial Service Commission wrote him a letter undertaking to pay the retirement benefits while requesting several documents which he promptly made available on the 17th of Jan, 2021
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