Court To PSC: Pension Is A Right, Not A Gift — Orders Retirement Approval Within 14 Days, Awards N5.5M To Deceased Officer’s Son
The Presiding Judge of the Jos Judicial Division of the National Industrial Court, Hon. Justice Ibrahim Galadima, has ordered the Police Service Commission to issue Musa Maleka’s retirement approval within 14 days.
The court also ordered the Police Service Commission to pay Shamsuddeen Maleka the sum of N5,000,000.00 as damages and the sum of N500,000.00 as legal costs within 30 days
From facts, the claimant- Shamsuddeen Maleka had submitted that his father, the retired police officer Musa Maleka joined the Nigerian Police Force in 1970 and, after completing the mandatory 35 years of service, submitted his retirement notice in 2005 to the Inspector General of Police through his last post at Zone 12 Headquarters in Bauchi.
Shamsuddeen averred that since then, the Police Service Commission has either failed, refused, or neglected to provide the retirement approval needed for processing and payment of the deceased’s pension and gratuity.
Shamsuddeen further argued that the authority responsible for disbursing the pension and gratuity can only proceed with payment once the necessary documents, including the retirement approval from the Police Service Commission, are presented.
However, despite being served with the court’s processes and receiving multiple notices to attend hearings, the Police Service Commission chose not to be represented or to submit any defence against the action.
Shamsuddeen’s counsel, A. U. Aliyu Esq stated that his client was involved in the case after being allowed by the court to substitute his late father, who passed away during the proceedings, and without the intervention of the Honorable Court, the applicant will continue to endure hardship due to the Police Service Commission refusal to issue the retirement approval necessary for processing, calculating, and paying the retiree entitlements up until the time of his client father’s passing.
In a well-considered judgment, the presiding Judge, Justice Ibrahim Galadima, reiterated that following the constitutional guarantee, the Pension Reform Act of 2014 provides that public officers are entitled to retirement benefits upon the completion of their service.
The Court stated that the failure of an employer or relevant authority to issue the necessary approvals or fulfil their obligations regarding retirement benefits constitutes a breach of duty, and such inaction unjustly deprives retirees or their families of the benefits they are entitled to after years of service.
Justice Galadima held that Shamsuddeen Maleka has convincingly demonstrated to the court, using the available evidence, that his father was employed from 1970 until his retirement in December 2005; therefore, his claim for the benefits owed from 2006 until his father’s passing in 2021 is legitimate.
The Court reiterated that the payment of pension and gratuity is not a discretionary gift from the employer to the employee; rather, it is a right that the employee is entitled to receive without delay.
The Court faulted the failure of the Police Service Commission to provide the retirement approval to Shamsuddeen Maleka and declared such action as a clear breach of the relevant legal provisions.
