Kogi Court Sacks Boards, Pensions Commission

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A Lokoja High Court yesterday sacked Kogi State boards for bureaus of the State and Local Government Pension as well as the Pension Fund Management Commissions. In his judgement, Justice Henry Olusiyi, ruling on a suit filed by the state’s wing of the Nigeria Union of Pensioners (NUP) against the state’s government and the state’ Attorney-General, faulted the composition of the boards.

The Judge explained that the appointment and inauguration of the boards’ members by the state’s government was contrary to the provisions of sections 17(1) and 18(1) of the state Pension Reform Law, 2007 Justice Olusiyi, therefore declared the constitution of the boards as null, void and of no consequence and consequently, granted all the five reliefs sought.

The claimant in its originating summons dated April 19, 2013, supported by a 23 paragraph affidavit and deposed to by the state NUP chairman; Chief Onu Abdullahi, had challenged the composition of the boards.

The judgement read in part: “As the law presently stands, the first defendant can only appoint a Bureau of State Government Pension and of Local Government pursuant to section 17(1) of the 2007 Law, the composition of which shall be as provided for by the section 18 thereof. “Anything done to the contrary by the first defendant is a sham and an illegality. It is null and void and of no effect whatsoever” he said, adding that the boards constituted and inaugurated on December 19, 2012 had no legal backing.

“The claimant, no doubt, has made out a good case for the reliefs sought. The claimant’s claim succeeds and is allowed wholesale. Reliefs 1-5 succeed and are accordingly granted”, Justice Olusiyi ruled.

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