GONI v BORNO STATE GOVERNMENT

(2019) JELR 80451 (NICN)

National Industrial Court of Nigeria · NICN/ABJ/140/2019 · 18 Dec 2019 · Nigeria

CORAM

HON. JUSTICE E. N. AGBAKOBA

Core Terms ^Beta

law

governors

grant of pension

claimant

deputy governors

borno state

counsel

additional benefits

force of this constitution

laws of the federation of nigeria

presidential election

interpretation act

monthly pension

consolidated revenue fund of borno state

constitution of the federal republic of nigeria

defendants

originating summons

executive governor of borno state

elective office

combined reading of sections

ayodeji omoniyi morakinyo

bomb state

legal practitioners

claimant’s counsel

constitutional provision

former elected governor of borno state

independent national electoral commission

mr. adewale adesokan

repeal of an enactment

such offices

2nd defendants

e-e

erroneous submission of the defendants

executive governor of bomb state

implication of the employment of the word

implication of the word

interpretation of statute

judgment of the court

legal argument

local government councillors’ election

mr. adeniran olapojoye fijabi

name of counsel

name of the learned counsel

paragraph affidavit

provision of additional benefits

specific mention

use of the words

HON. JUSTICE E. N. AGBAKOBA(delivering the judgment of the court)

1. The Claimant instituted this action via Originating Summons filed on 30thMay, 2019 supported by a 20 paragraph affidavit deposed to by the Claimant against the Defendants/Respondents seeking for the resolution of the question set out below:

1. “WHETHER by the combined reading of Sections 3 (1) and (3) of the Borno State (Grant of Pension to Governors and Deputy Governors) Law, 2005 (as amended in 2009): Section 312 (2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), as well as Section 6 of the Interpretation Act, Cap 123, Laws of the Federation of Nigeria, 2004, the Claimant who was Executive Governor of Borno State from 1979-1983 is not entitled to receive monthly pension for life and the additional benefits enumerated in subsection 3 (i)-(ix) of the Bomb State (Grant of Pension to Governors and Deputy Governors) Law, 2005 (as amended in 2009,), chargeable upon the Consolidated Revenue Fund o…