Ex- Judges Sue Nigerian Governor

Some Retired Judges in Oyo State today sued Governor Adebayo Alao-Akala to court for failing to pay their severance packages after months of retirement

Among the embattled retired judges are; three Chief Judges, two acting Chief Judges and six others who served in the state’s judiciary before retirement. The claimants are; Justices N.O. Adekola, M.O. Adio, R. G. Oyetunde, A. Adeniran, J.O. Ige, K. Jimoh, L.O. Arasi, A. Sanda, Atilade Ojo, S.O. Akintola and T.O. Adeniran (deceased).

The applicants accused the governor and the state Attorney-General, also joined in the suit, of consciously and consistently denying them the right to their lawful entitlements in contravention of provisions of the 1999 constitution, “Certain Political Public and Judicial Office Holder (Salaries and Allowances) Act 2002 and the amended Act 2008.

According to an originating summon filed on their behalf by Mr. Lasun Sanusi (SAN) at the state High Court, the applicants are praying the court to determine four questions which include whether the state government is not bound by the provisions of the law on the payment of the entitlement; whether, following their retirements, they are not entitled to the pay; whether having completed their services in the state’s judicial service, it is not wrong for the state to deny them their severance entitlement; and whether the denial should be compensated with interest on the payable sums.

The jurists however sought from the court five consequential reliefs which are;declaration that each of the 1st to 10th claimants, including the estate of late Hon Justice T.O. Adeniran (Rtd) is entitled to be paid severance gratuity to be based on 300 % of each claimant’s annual basic salary while in service, declaration that the claimant are entitled to be paid interest on their respective unpaid severance gratuity from the date of their respective successful completion of their tenure of office till date of judgment and until the judgment is fully satisfied.

Others are: “Order restraining the defendants to pay the 1st to 10th claimants and the estate of late Honourable Justice T.A. Adeniran (11th claimant) forthwith their severance gratuities based on 300 % annual basic salary of each of the claimants, order directing the defendants to pay each of the claimants an estate of late Honourable Justice T.A. Adeniran 21 % interest per annum on the severance gratuity from the date of their respective retirement till delivery of judgment and 10 % interest from the date of judgment till the judgment is fully satisfied, and any such order or further order(s) as this Honourable Court may deem fit to make in the circumstance of this case”.

The National Judicial Council (NJC), in a circular to all heads of courts in the federal and states judiciary, had written to ‘notify all judicial officers in the federation that on retirement, they shall be entitled to payment of severance gratuity based on 300 % of their annual basic salaries’, stressing that the payment must be made ‘once in life time after successful completion of tenure of office of the judicial officer’.

In another circular dated December 21, 2009, the NJC also said, in respect of the severance gratuity that ‘the National Judicial Council is responsible for payment of severance gratuity to only retired federal judicial officer, while the state government is responsible for payment of same to state judicial officers’.

But for the carelessness of the government and its agents, it was gathered that the retired jurists made series of efforts to avoid taking legal action against the government over the matter.

Apart from writing letters to intimate the governor with the position of law and circulars from the National Judicial Council to the effect, they also sought audience with the state Attorney-General and commissioner for justice for his intervention.

One of the letters was dated 23 April, 2010 where the list of four states-Ekiti, Ondo, Rivers and Bayelsa- where the entitlements were being paid was detailed.

The letter was in response to the Attorney-General’s insistence that the retired judicial officers go and find out where the money is being paid in all the states of the federation apart from the federal government to justify why they must be paid.

Despite the findings, the government also did not pay, prompting a fresh letter to the governor on February 7, 2011, where he was hinted of impending legal action if he fails to pay.

By Gbenro Adesina/Ibadan