4.
A declaration that the Respondents pay the sum of USD$2, 000,000.00 (Two
Million United States Dollars) as compensation for the violation of the Applicant
rights and injury caused him, his family for the absence of basic needs, such as
food, decent living standard, befitting a former Vice Chairman of State which
contributed to the breaking up of his family.
THE RESPONDENTS CASE:
12.After seeking extension of time within which to respond, the Respondents filed an
application for preliminary objection and statement of defense which was lodged at
the registry on May 2, 2018. The preliminary objection was however withdrawn at
the hearing on the 6th of May 2019 because it sought the same reliefs in the
statement of defense.
13.The Respondent in its statement of defense denied any violation of the right of the
Applicant and contend that their decision not to pay pension is consistent with The
Retirement Benefit Act. The Respondents argued there is no provision in the Act
that members who resigned from their positions and did not complete their terms
in office are eligible to receive retirement benefits. Furthermore, since the Applicant
was not retired by the Government of Liberia, he is not a retiree within the
contemplation of the law.
14.The Respondent submitted that the consequences of resignation from the
Government to contest the 1997 elections stripped Applicant of the qualification as
a retiree of the government of Liberia and therefore not entitled to any retirement
benefit or any other benefits enumerated under The Retirement Benefit Act
because he resigned his post and did not complete his tenure.
15.They contended that Applicant’s allegation that he was discriminated against by the
omission of his name from the payment requests submitted by the Civil Service
Agency to the Ministry of Finance & Development Planning is baseless and
unfounded. This they argue is because the Applicant was never eligible for
retirement benefits in the first place therefore, the Civil Service Agency could not
have included his name amongst honorable retirees.
16. Further, The Respondent submitted that because the Applicant has taken up
another job as an elected member of the current Parliament in Liberia, he is not a
retiree and therefore urge the Court to hold that the Applicant is not retired.
17.The Respondent submits that during the period Applicant worked for the
Government of the Republic of Liberia, he was duly compensated to commensurate
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