Court orders Kaduna Refinery to pay Outstanding Pension from 1996 to Date
The Presiding Judge, Kaduna Judicial Division of the National Industrial Court, Hon. Sinmisola Adeniyi has ordered Kaduna Refining Petrochemical Co Ltd (KPRC) to immediately compute, calculate and pay one Zakari Abdullahi pension entitlement from 16th September 1996 till date.
Justice Adeniyi held that Zakari Abdullahi having served the Kaduna Refining Petrochemical for eleven (11) years, and whose appointment was terminated on the ground of services no longer required in 1996 is entitled to terminal benefits; declared the withholding of Zakari’s pension as unconstitutional, unlawful and against public policy.
From facts, the Claimant- Zakari Abdullahi had contended that by the provisions of the NNPC Staff Conditions of Service, which governed his appointment with the Kaduna Refining Petrochemical, he was qualified for the payment of pension having served for eleven (11) years and particularly since his gratuity had been paid and all effort to get his pension over the years proved abortive.
In defense, the defendant- Kaduna Refining Petrochemical submitted that Zakari is not in the category of staff that can enjoy retirement benefits having been terminated for gross misconduct.
The learned Defendant’s counsel, O. J. Opawale Esq. with Vincent Soligbo Esq contended that proper parties are not before the Court, that Kaduna Refinery is a separate and distinct legal entity from the NNPC; and that the Condition of Service which is the substratum of the Zakari’s case, is not binding on the Defendant.
In opposition, the claimant counsel, A. A. Manta Esq maintained that the provisions of the NNPC Staff Conditions of Service governed his client’s appointment with the Kaduna Refining Petrochemical, urged the court to grant the reliefs sought.
Delivering the judgment, the presiding Judge, Justice Sinmisola Adeniyi held that the NNPC conditioned of service binding on the parties and dismissed the arguments that Zakari’s appointment was terminated on the ground of alleged misconduct but on “services no longer required” as stated in the termination letter.
“My view is that the act of withholding the Claimant’s pension for over two decades, twenty-six (26) years to be precise, is not only unlawful but morally wrong and callous. The flagrant violation of the Claimant’s constitutional right by the Defendant shall not be condoned by this Court.
“It will therefore be unreasonably excessive for the Defendant; having terminated the Claimant’s appointment on the grounds of services no longer required, and having admitted his gratuity was paid; to now summersault to contend that the Claimant is not entitled to pension for alleged acts of misconduct.” Justice Adeniyi ruled.
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