PENSION LAW — Compulsory Retirement — Statutory Provision — Section 9(2) of Pensions and Gratuities Law
Principle Statement
The subsection clearly stops or prohibits any possible fortunes of the appellant in this appeal. Although the subsection does not specifically provide for the alternative thirty five years service, the totality of the provision is consistent with the retirement of the appellant. There is no dispute that he was more than forty-five years when he was retired. By the subsection, the appellant or any other civil servant can be asked to go on retirement if he has completed a service of thirty five years. In my view, the appellant's retirement was in accordance with section 9(2) of the Pensions and Gratuities Law, 1991 of Kaduna State, and I so hold.
Ratio Decidendi (Source)
Per TOBI, JSC, in Abdullahi v. The Military Administrator (2009) NLC-123-146-2003(SC) at p. 13; Paras A–D.
"The subsection clearly stops or prohibits any possible fortunes of the appellant in this appeal. Although the subsection does not specifically provide for the alternative thirty five years service, the totality of the provision is consistent with the retirement of the appellant. There is no dispute that he was more than forty-five years when he was retired. By the subsection, the appellant or any other civil servant can be asked to go on retirement if he has completed a service of thirty five years. In my view, the appellant's retirement was in accordance with section 9(2) of the Pensions and Gratuities Law, 1991 of Kaduna State, and I so hold."
Explanation / Scope
This principle establishes that Section 9(2) of the Pensions and Gratuities Law allows compulsory retirement for civil servants after age 45 or after 35 years of service. The provision is consistent with the retirement of a civil servant who was over 45 at retirement. The principle applies where the validity of compulsory retirement is challenged. It ensures that the statutory provision is given effect. The principle reflects the power of the Civil Service Commission. It prevents challenges to retirement where the statutory conditions are met. The court must determine if the retirement was in accordance with the law. The principle provides clarity on compulsory retirement.
