In the instant case, the fixed retirement benefits which Respondent provided for
former members in The Retirement Benefit Act in the form of a fixed amount based
on 50% the President’s salary can rightly be classified as pension.
Consequently the Court will henceforth address these fixed sums in The
Retirement Benefit Act as pension and others entitlements as retirement benefits.
46. Now, regarding the 3rd issue for determination, the Court has taken the liberty to
reproduce the content and context of various Human Rights instruments upon
which the Applicant based his claim to enable a determination whether the claims
are situated within them and whether the Applicant has proved his claim.
The Applicant alleged the violation of Article 2 of the International Covenant on
Economic, Social and Cultural Rights (ICESCR) which is pari-material with the
provision of Article 1 of the ACHPR which states:
“The Member States of the Organization of African Unity, parties to the
present Charter shall recognize the rights, duties and freedoms enshrined
in this Charter and shall undertake to adopt legislative or other measures
to give effect to them.”
The obligations of Member States to protect the human rights of their citizens are
entrenched in the above instruments and they are expected to take measures to
guarantee the rights of its citizens in order not to be in violation of their obligations
under the human rights instruments to which they are signatories. The above
articles are not autonomous. Their operation is dependent on the violation of other
rights contained in the other instruments. Consequently a failure or otherwise of
the Respondent can only be determined after concluding that the Applicant has
proved his claim.
47.The Applicant also alleged the violation of Article 9 of the ICESCR which is parimaterial with Article 22 of the UDHR which read as follows:
“Everyone, as a member of society, has the right to social security and is
entitled to realization, through national effort and international cooperation and in accordance with the organization and resources of each
State, of the economic, social and cultural rights indispensable for his
dignity and the free development of his personality.”
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