candidate for their own replacement. That while serving as a vice Chairman of the
Transitional Council, an Act was enacted to provide retirement benefit for all
officials serving in the council immediately after the swearing in of the new
democratically elected government.
6. The Applicant stated that he resigned to contest election and thereafter nominated
another candidate to take his place in the council pursuant to the provision of the
Abuja accord. That after the newly democratically elected government came into
office, he has written several letters to the Respondent who has refused till date to
respond nor pay him his retirement entitlement. He contended that nevertheless
his diplomatic passport which is part of his retirement benefit is being continually
renewed by the Respondent as at when due.
7. The Applicant aver that the refusal to pay his retirement benefit affected his family
life to the extent he became incapable of supporting his family leading to a divorce
in his marriage and the deterioration of his health.
8. The Applicant by an originating application lodged at the registry of the Court on
18th December 2017, therefore allege the violation of his rights to retirement benefit
and discrimination due to the refusal of the Respondents to pay his entitlements
after several unfruitful efforts to secure same. He therefore sought the following
reliefs for the violation of his human rights as provided for under the following
Human Rights instruments:
1. The denial of Applicant’s rights to his legal retirement benefits by the
Respondents from 1997 to present is contrary to the provision of the
Retirement Benefit Act.
2. The violation of the legitimate rights of Applicant, as enshrined in Articles 1,
2, 3, 4, and 19 of the African Charter on Human and Peoples Rights (ACHPR).
3. Violation of Applicant rights as enshrined in Articles 6, 7, 22, and 25 (1) of the
Universal Declaration of Human Rights (UDHR).
4. Violation of the legitimate rights of Applicant as enshrined in Articles 2(1), 9,
and 11 of the International Covenant on Economic, Social and Cultural Rights
(ICESCR)
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