Trustees of Association of Former Telecom Employees of Nigeria &17,102 Ors. V.
Federal Republic of Nigeria & Ors; ECW/CCJ/JUD/20/19, emphasised that:
“The Respondent must ensure that no Applicant is denied life pension entitlement
due to reasons of not attaining pension age. It is trite law that a legitimate
expectation is capable of sustaining a claim on the right to property as same is
subject to protection.”
Applying the above decisions which are quite persuasive, the court holds that the
Applicant, placing reliance on the provision of The Retirement Pension Act that
upon leaving the office as a Member of the Transitional Council, he will be entitled
to receive all the benefits provided for as a former member of the Transitional
Council in which he was a former Vice Chairman is a valid legitimate expectation
which this court will protect. The Court therefore holds that the denial of the
Applicants pension is a denial of his legitimate expectation.
64. Having held that the denial of the Applicant’s pension and retirement benefits is a
violation of his rights as claimed, the Court will now address the reliefs sought by
the Applicant same being reproduced here for ease of reference.
The Applicant sought the following reliefs:
1. A Declaration that the denial of the Applicant to received his pension
benefits is a violation of his human rights.
2. A declaration that Respondent pay the Applicant the amount of US$726,
982.00 which constitutes the amount due him as of the date and time of
filing this action, plus 6% interests per annual; that thereafter the payment
of his pension benefits, be made current.
3. A declaration that Respondent pay successful Attorney fees of 2% of the
principle amount owe Applicant.
4. A declaration that the Respondent pay the sum of USD$2, 000,000.00 (Two
Million United States Dollars) as compensation for the violation of the rights
of Applicant, and injury caused him, his family to the absence of basic needs,
such as food, decent living standard, befitting a former Vice Chairman of
State, etc., which contributed to the breaking up of his family.
65. With regards to relief one, the court has based on the analysis under the various
heads declared that the denial of the Applicant’s pension and other retirement
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