Pension Law

Perhaps, it suffices to add that the pension scheme is an agreement between the parties. That an agreement or contract is a bilateral affair, which needs the ad idem of the parties. And more importantly that a Court of law must always respect the sanctity of the agreements reached by the parties. It must not make a contract for them or re-write the one they have already made for themselves.
See:
SONA BREW PLC VS. PETERS (2005) 1 NWLR (PT. 908) 478, OWONIBOYS TECHNICAL SERVICES LTD VS. U.B.N. LTD (2003) 15 NWLR (PT. 844) 545 and S.E. CO. LTD VS. N.B.C. 1 (2006) 7 NWLR (PT. 978) 201.

The truth is that for one reason or the other, unfortunately so, the Appellant has not fulfilled the vital conditions in the scheme to be able to qualify for pension. One of such is that even if an employee joins the new Pension scheme and makes contribution, his benefit for the purpose of the pension scheme is only dependant on his/her continuous service for ten years after the 1991 Amendment date of the scheme. For example, under Rules 6(a) and (b) whether an employee retires normally at 60 years or retires prior to attainment of such age as in the case of the Appellant the minimum number of years for pensionable service under the new scheme is 10 years. In fact, in the tabulation provided under Rule 6, nine (9) years service post the said 1991 date is not regarded or counted as pensionable service.
Indeed, for this purpose and as Cardozo, J. said in the American case of:- UNITED STATES VS. GREAT NORTHERN Ry. 287 U.S. 144, 154 (1932).
We have not traveled, in our search for the meaning of the lawmakers, beyond the borders of the statute.
This is because as Justinian Digest put it: A Verbis legis non est recedendum Digest 32. 69 "The text of a statute or rule is the primary, essential source of its meaning."
In deciding an issue governed by the text of a legal instrument, the judex does not depart from the law. This is because the ordinary meaning rule is the most fundamental semantic rule of Interpretation. The terms of writing are presumed to have been used in their primary and general acceptation.