with human dignity, right to livelihood, right to health and many more. It suffices to
be established that the Applicant is entitled to pension and other retirement
benefits which if paid would have enabled him live a life that is meaningful, dignified
and healthy in relation to his entitlements and taking into consideration the
standard of life commensurate to the expected pension.
Having said that, the Applicant has the burden to proof that the denial of his
entitlement under the act has rendered him incapable of living a life with dignity.
The court has no evidence to support the fact that the Applicant is unable to afford
the bare necessities, minimum and basic requirement to live a life worth living.
Having not discharged this burden, the claim of violation of his rights to life, dignity
and health does not avail him.
57. Violation of the right to property
A further claim of the Applicant is that denial of his pension is a violation of his right
to property under Article 20 (a) of the Constitution of Liberia. The Court recalls that
Article 14 of the ACHPR also guarantees the right to property. Though the Applicant
did not refer to this article, it will nevertheless address the alleged violation of the
right to property together with the provision of the Liberian constitution. The
Blacks’ Law Dictionary, 9th Edition defines property in its widest sense to include
all of a persons’ legal right of whatever description. A man’s property is all that is his
in law. The question to ask is whether pension amounts to property.
This Court has also held that pension is a property right and refusal to pay same
constitutes violation of Article 14 of the ACHPR. In the case of Registered Trustees
of Association of Former Telecom Employees of Nigeria &17,102 Ors. V. Federal
Republic of Nigeria & Ors; ECW/CCJ/JUD/20/19 it held as follows.
“In light of the above, the Court holds the view that pension is property
which can be vested on an individual the denial of which therefore
constitutes a violations of Right to property.”
The United States Claim Tribunal in AMOCO INTERNATIONAL FINANCE
CORPORATION V. IRAN, Award No 310-56-3 (14 July 1987), 15 Iran-US C.T.R. 189289, held that:
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