application. To succeed under this claim, the Applicant must establish their
entitlement to the claim either by exhibiting such provision in the condition of
service or a life insurance contract, or any other document to substantiate the
provision of a life insurance scheme for the benefit of all the Applicants. This
documents will of necessity indicate the value of the insurance. Since any of these
documents that are required to prove their case will in the ordinary course of event
be in the custody of the Applicant, having failed to exhibit same, The Court finds
that the Applicants have not proved their case, and holds that same being
unsubstantiated therefore fails.
41. Allegation of non-payment of contributory pension deducted from salary at
source:
The Applicants claim that the disengaged staffs made contributory pension and are
all entitled to be paid back in block. In adducing evidence to support the above
claim, Applicants presented on pages 460 to 470 of the originating application a
detailed pay slip of 11 Applicants showing deductions from salary under various
heads which were abbreviated without any explanation.
To prove this claim, the Applicant must establish that 1) they are pensionable staffs
who have made such contributions and 2) their entitlement. The fact that the
Applicants are former employees of NITEL/MITEL is uncontroverted. The Applicants
annexed as evidence a letter to the Executive Secretary of Pension Transitional
Arrangement Directorate (PTAD) on the 8th of May, 2017 wherein they were
directed to submit their documents for monthly pension payment. The Respondent,
having admitted and recognized the Applicants’ rights to pension, same need no
further proof. However, this claim is extraneous as the payment of pension scheme
operative in Nigeria is necessarily dependent on contributions by employees and
employers from which life pension benefit was paid. Having made a full analysis of
life pension above, this claim being superfluous and irrelevant, fails and the court
so holds.
42. Allegation of non-refund of proceeds of the sale of 250 Buses alleged Property
of the Applicant sold by the Respondents and valued at 1.2 Billion Naira:
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