(2019) JELR 80451 (NICN)    
National Industrial Court of Nigeria  ·  NICN/ABJ/140/2019 ·  18 Dec 2019 ·  Nigeria
Core Terms Beta
grant of pension
deputy governors
borno state
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
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
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…

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