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:
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