Judgment
ABUBAKAR SADIQ UMAR, J.C.A. (Delivering the Leading Judgment) : This is an appeal against the judgment of the Federal High Court, Lagos Division (“the lower Court” or “the trial Court”) delivered on the 9th day of June 2008 coram D.D Abutu, J. in Suit No: FHC/L/CS/06/2003 wherein the trial Court gave judgment in favour of the Respondent. The Respondent as Plaintiff commenced the action by a Writ of Summons and Statement of Claim dated 3rd January, 2003. The suit was consolidated with 13 other suits by the Order of the trial Court made on the 3rd of March, 2004.
The Respondent thereafter filed an Amended Statement of Claim dated 25th May, 2004 against National Insurance Corporation of Nigeria, the Defendant at the lower Court. The reliefs sought by the Respondent as endorsed on the Amended Statement of Claim are as follows: 1. A Declaration that the defendant has a statutory duty to pay the Plaintiff his pension entitlements and accrued arrears thereof, in line with the following Federal Government circulars: a. Ref No B.63216/S.1/X/T3/105 dated 30th January, 1997 b. Ref No B.63216/S.1/X/T3/124 dated 7th January, 1998 c.
Ref No SWC/S/04/S.8/25 dated 11th May, 1999 and d. Ref No B.63216/S.1/X dated 6th July, 1999 e. Ref No SWC.OH/VOL.IV/1011 of 17th May, 2000 2. An Order of the Mandatory injunction compelling the defendant to pay to the Plaintiff forthwith, the accrued arrears of his pensions entitlements as at 31st December 2002 in the sum of N1,321,801.52 calculated in accordance with the circulars referred to above. 3.
A declaration that the Plaintiff is entitled to the payment of N35,485.91 monthly pension from 31st December 2002 being the harmonized and revised pension due and payable to the plaintiff in line with the Federal Government circulars listed above. 4.
An Order of mandatory injunction compelling the defendant to pay the plaintiff his monthly pension in the sum of N35,485.91 calculated in line with the directives of the Federal Government of Nigeria contained in the circulars listed above and to make up any shortfall between this monthly payment and the amount of the monthly pensions paid to the plaintiff subsequent to the filing of the action. In response to the suit, the Appellant filed a Statement of Defence on 14th September, 2003.
