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NNPC
V.
AMINU

(2013) JELR 35665 (CA)

Court of Appeal 13 Sep 2013 Nigeria
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- The respondent, an NNPC employee, voluntarily retired after 9 years, 6 months, and 1 day of service, claiming eligibility for pension upon later attaining the statutory age of 45; NNPC denied the claim, contending that only full 10 years

Case Details

Suit Number:CA/K/139/2009
Judges:DALHATU ADAMU Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria HABEEB ADEWALE OLUMUYIWA ABIRU Justice of The Court of Appeal of Nigeria
Counsel:C. A. Candide Johnson Esq, SAN, with him E. O. Ekpenyong Esq For Appellant Tajudeen Oladajo Esq with him Muntala Abdulrasheed Esq, E. Ulebe Esq, M. T. Rashid Esq, Isayaku Abdularaham Esq and M. B. Yusuf Esq. For Respondent

ITA GEORGE MBABA, J.C.A. (Delivering The Leading Judgment): On 5th May, 2007, Hon Justice A. M. Liman, of the Federal High Court, Kaduna, delivered judgement in suit No. FHC/KD/CS/39/2005, granting the reliefs sought by the Plaintiff (Respondent herein) and held that the Respondent's services of Appellant for 9 years, 6 months and 1 day be deemed as 10 years for the purpose of defining his entitlements to the payment of pension. The lower Court, therefore, ordered that the Respondent be paid pension, calculated from 20th June, 2003 and for the rest of his life. This appeal is against that decision.

As per the claims at the lower court, the Respondent had been a staff of the Appellant, until 30th April, 1996, when he voluntarily retired, after putting 9 years, 6 months and 1 day in the service of the Appellant. Subsequently, upon attaining the 'age of retirement' (45 years), the Respondent claimed a right to pension, due to persons who retired by that age, on being employed for 10 year…

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