Retired judge of the Lagos High Court, Justice Babajide Candide-Johnson, filed a law suit before a National Industrial Court of Nigeria (NICN) in Lagos, demanding his pension, severance gratuity, and other entitlements from the Lagos State government, as regards his retirement.
The Judge 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 N21,145,551.06 (Twenty One Million, One Hundred and Forty-Five Thousand, Five Hundred and Fifty-One Naira, Six Kobo).
The retired judge who demanded N10 million as general damages for failure to pay his pension and gratuity in accordance with the law, said 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.
According to the documents in court, in accordance with the provisions of the constitution, and the Pension Rights of Judges Act, he is entitled to a minimum lifetime pension of N21,145,551.06 (Twenty One Million, One Hundred and Forty-Five Thousand, Five Hundred and Fifty-One Naira, Six Kobo).
In addition, 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.
“Despite these abundantly clear and instructive provisions of the Law, the Lagos State Government, which he sued as the first defendant, 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,” he said.
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.
By his last monthly payslip, his monthly salary and other consolidated allowances stood at N749,166.66 (Seven Hundred and Forty-Nine Thousand, One Hundred and Sixty Six Naira, Sixty-Six Kobo) net earnings, and N561,777.64(Five Hundred and Sixty One Thousand, Seven Hundred and Seventy-Seven Naira, Sixty Four Kobo.
He explained that the annual salary of one of his domestic staff is N600,000.00 at N50,000 monthly. The retired judge also said he received the sum of N5,414,220.00(Fi