KEKERE-EKUN JCA (Delivering the Lead Judgment): By an originating summons dated 17/12/01,the respondent in this appeal instituted an action against the appellant at the Federal High Court, Kaduna, for the determination of the following questions: “1. Whether the plaintiff who has served the defendant on a permanent and pensionable employment for nineteen years can be deprived of his pension where his employment was not terminated for any wrong doing.
Whether there is anything in the defendant’s conditions of employment or law to justify the defendant to deprive theplaintiff of his pension having qualified for same.
Whether havingregard to section 173 of the 1999 Constitution and Articles 2.3.1, 3.3, 15.1.1, 15(2)(c), 15.3, 15.4 and 15.4.3 of the defendant’s conditions of service, the defendant has any right to withhold the plaintiff’s pension entitlement. Whether the refusal or neglect of the defendant to pay the plaintiff his pension is contrary to the conditions of service of the de…