National Industrial Court (NIC) sitting in Kaduna has delivered a judgement in favour of 71 retired Permanent Secretaries and Heads of Service (HoS) in Kaduna State over the deduction of the monthly pensions by the governor of Kaduna State, Malam Nasir el-Rufai.
In May 2020, the plaintiffs sued Kaduna State governor Malam el-Rufai and attorney-general at the National Industrial Court challenging the deduction of their pension for use to fight the COVID-19 pandemic in the state without their prior notice.
Counsel to the plaintiffs, Sam Atung Esq, while briefing reporters on the outcome of the judgment said, the case was instituted at the National Industrial Court on the ground of pension right of the plaintiffs as enshrined under section 210 of the 1999 constitution as amended challenging the decision of the Kaduna State Government on the deduction of monthly pension of the plaintiffs in the matter.
The plaintiffs in the matter sought a declaration that the defendants’ purported reduction of their monthly pension to their disadvantage is unconstitutional, utra vires and therefore null and void ab-initio.
In her judgement, the trial judge, Hon. Justice Sinmisola Oluyinka Adeniyi, granted all their prayers as sought and declared that Kaduna State government lacks the powers to deduct their pensions without their consent.
The court therefore ordered the State government to pay them the difference of their pension from March 2020 till date and continue their payments accordingly.