UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice Okechukwu J. Okeke of the Federal High Court, Lagos Division delivered on the 30th of June, 2009.
By an Originating Summons filed on 20th May, 2008 the Plaintiff now Appellant sought for the determination of the following questions at the trial Court, to wit:
(1) Whether by the combined effect of Sections 8(1) and 2(1) of Reform Pension Act 2004, any employee who retired within 3 years of the enactment of this Act can be compelled or can himself chose to be covered by the Reform Pension Act 2004, such that his Pension can be managed by Pension Fund Administrator or;
Whether by the combined effect of Sections 8(1) and 2(1) the Act envisaged exception to those who retired within 3 years of the operation of the Act.
(2) Whether having regard to the provisions of Sections 8(1), 12(1) and the whole Act, there are three categories of beneficiaries of pension scheme recognized …