CONSTITUTIONAL LAW ā Public service ā Central Bank of Nigeria as part of public service ā Federal Government’s power to prescribe pensions
Principle Statement
By the above provisions, it is beyond doubt and serious contention that the Appellant bank, a Statutory Corporation established by an Act of the National Assembly ie the Central Bank of Nigeria Act, is part and parcel of the public service of the Federation over which the Federal Government has the exclusive right and power to prescribe pensions payable to its employees outside the Central Bank of Nigeria Act.
Ratio Decidendi (Source)
Per Onnoghen, JSC, in CNB v. Amao & Ors (2010) NLC-123-168-2007(SC) at p. 22; Paras DāE.
"By the above provisions, it is beyond doubt and serious contention that the Appellant bank, a Statutory Corporation established by an Act of the National Assembly ie the Central Bank of Nigeria Act, is part and parcel of the public service of the Federation over which the Federal Government has the exclusive right and power to prescribe pensions payable to its employees outside the Central Bank of Nigeria Act."
Explanation / Scope
This principle establishes that the Central Bank of Nigeria is part of the public service of the Federation. The Federal Government has exclusive power to prescribe pensions for its employees. The principle applies where pension rights of CBN employees are in issue. It ensures that the Federal Government’s power is recognized. The principle reflects the constitutional allocation of powers. It prevents state interference with federal pensions. The court must recognize the exclusive power. The principle provides guidance on the status of the CBN.
