Thread by @TransparencITng

COURT DECLARES PENSION AND GRATUITY TO PAST GOVERNORS ILLEGAL:

The National Industrial Court has declared the pension and gratuity to past Governors and Deputy Governors null & void.

The court ruled in a suit brought against Taraba State Government by Alh. Garba Umar.

#Thread

Alh. Garba Umar, the Claimant, was the Acting Governor of Taraba State. He claimed that he is entitled to gratuity as former Governor of the State, 300% of his salary as medical allowance & other benefits as provided in Taraba State Governor & Deputy Governor’s Pension Law, 2015

The court, in its judgment, held that "it appears that there is a contradiction by the provision of section 124(5) 'of the 1999 Constitution' which enabled the House of Assembly of a State to provide for pension or gratuity to Governors & Deputy Governors which items are also...

...placed under the Exclusive legislative list under Part 1, of the Second Schedule to the 1999 Constitution."

“The question then is how to reconcile these two provisions of the Constitution. The answer is by adopting a purposeful approach by which the court...

...is required to look at the constitution as a whole and construe its provisions in such a way as to give effect to the general & specific purposes for which it was enacted; that is good governance and the welfare of all Nigerian based on the principles of equality and justice."

The court further held that State House of Assembly in Nigeria lacks the power to fix any amount in remuneration to its past Governors and Deputy governors as pension or gratuity unless the Revenue Mobilisation Allocation and Fiscal Commission first of all determined...

...an amount as pension and gratuity to past Governors and Deputy governors in which case such amount, so fixed, shall not exceed the amount as have been determined by the Revenue Mobilisation Allocation and Fiscal Commission.

Therefore, since the Commission has not fixed any amount as pension and gratuity to past Governors and Deputy governors in Nigeria, any law made by any State House of Assembly granting pension and gratuity to its past Governors and Deputy Governors is therefore null and void.

"To that extent, I hold that the Taraba State Governor and Deputy Governor’s pension law, 2015 is null and void." The Judge ruled.

Credit: @NatIndCourtNg

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