Judgment
HELEN MORONKEJI OGUNWUMIJU, J.S.C. (Delivering the Leading Judgment) : This appeal is against the judgment of the Court of Appeal, Kaduna Division Coram: Ibrahim Shata Bdliya, Obietonbara Daniel-Kalio and Oludotun Adebola Adefope-Okojie (JJCA), delivered on 17th February, 2017 in Appeal No: CA/K/69/2014, setting aside the judgment of the Kaduna State High Court delivered on 21/10/2011 by Hon. Justice A. A. Othman.
The facts that led to this appeal are as follows: The Respondent started work at Ahmadu Bello University in 1972. In 1976, he transferred his service to the Benue Polytechnic. In 1980, he transferred back to the Ahmadu Bello University as the Bursar of the University. In 1988, the Respondent was appointed the Chief Executive Officer, Group Managing Director of the Appellant, the New Nigeria Development Company.
The Respondent insisted at trial that he accepted the appointment with the Appellant on condition that his previous services at Ahmadu Bello University and the Benue Polytechnic would be transferred to the Appellant as continuation of service for the purpose of computing his pension and gratuity. The Respondent had served for 16 years at both Ahmadu Bello University and Benue Polytechnic. He served a further 4 years with the Appellant as its Chief Executive Officer, Group Managing Director and retired in 1992 after serving a total of twenty years in the public service.
However, when he retired, the Appellant refused to compute and pay his full entitlement to gratuity and pension as provided by the Pensions Act and other related circulars of the Federal Government. The Appellant claimed that it is a Limited Liability Company not bound by the Pensions Act or Federal Government circulars in that regard. After several attempts at reconciling their differences, the Respondent initiated an action at the High Court on 2/7/2003. The learned trial Court dismissed the Respondent’s claim and the Appellant’s Counter claim for arrears of rent.
The trial Court held that the Respondent was bound by the conditions in his letter of appointment with the Appellant and no more.
The Respondent appealed to the Court of Appeal which delivered judgment on 17/2/2017 and allowed the appeal on the ground that the Appellant is an “Approved Service” under the Pensions Act and consequently the Respondent being an employee who retired therefrom is entitled to have his pensions and gratuity computed in accordance with the Pensions Act and extant circulars in that regard. This appeal is against the judgment of the Court of Appeal.
