language is plain and clear, the Court further warned that "the duty of interpretation does not arise, and the rules which are to aid doubtful meanings need no discussion." 38. The Court must also examine the provision of the Abuja Accord to reach a determination as to its import on the status of the Applicant. While it is incontestable that the beneficiary of the said retirement benefits must be a member, the provision of the Act must be juxtaposed with the Abuja Accord to determine the consequential effect of resignation before the end of the tenure. Article 3 of the Abuja Accord states: “Holders of positions within the Transitional Government as defined by the Cotonou Accord who wish to contest the election provided for under the Schedule of Implementation shall vacate office three months before the date of elections. They shall be replaced by their nominees or by persons nominated by the parties represented in the Council of State”. 39.The Court is of the opinion that it will be disingenuous in the light of the provisions of above Accord to hold that the Act contemplates a full completion of tenure to qualify for the benefits therein, in essence making resignation punitive. It is clear from the above that the resignation of member from the Council of State was anticipated and approved and the Abuja accord is a necessary provision to enable a smooth/seamless continuation of the transition process. In fact it is the opinion of the court that this gesture was geared towards a realisation of democratic governance in enabling participation in a democratic process. Had the Applicant resigned for purposes in variance with the Act, the court will all probability have come to a different conclusion. Therefore resignation cannot rightfully be concluded to waive the benefits provided for former members of the transition council and in the instant case the Applicant. 40. In reaching the above conclusion, the Court is persuaded by the opinion of legal experts of similar situations in the international domain. In a report prepared for the congress of the United States of America in August 22, 2008, Wendy Ginsberg an Analyst in American National Government and Finance Division reporting on Former Presidents: Pensions, Office Allowances, and Other Federal Benefits confirm that: 15

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