LEGAL PRINCIPLE: LABOUR LAW – Application of Pensions Act – Statutory Bodies – Organisations Declared Public Service by Government Notice Are Subject to the Act
PRINCIPLE STATEMENT
The appellant is among the organisations formally declared Public Service under the Act by Government Notice No. 455 published in the Federal Republic of Nigeria Official Gazette No. 24, Vol. 68 of 21 May, 1981. As regards the present case, it is the issue of retirement under that Act that is relevant as contained in section 4(2). The lower court was therefore in error when it observed... that the Pensions Act did not apply.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Psychiatric Hospital Management Board v. Ejitagha (2000) NLC-471995(SC) at p. 3; Paras D–E.
"The appellant is among the organisations formally declared Public Service under the Act by Government Notice No. 455 published in the Federal Republic of Nigeria Official Gazette No. 24, Vol. 68 of 21 May, 1981. As regards the present case, it is the issue of retirement under that Act that is relevant as contained in section 4(2). The lower court was therefore in error when it observed... that the Pensions Act did not apply."
EXPLANATION / SCOPE
Organisations declared public service by Government Notice are subject to the Pensions Act. The Gazette notice is conclusive. The lower court erred by holding the Act did not apply. Statutory bodies may be brought under the Act through proper government declaration. Once declared, the Act’s provisions—including retirement conditions under Section 4(2)—apply fully. Employers cannot escape statutory obligations by claiming non-applicability where Gazette notice establishes coverage. Courts must take judicial notice of Gazette publications. The determination of applicability turns on formal declaration, not judicial speculation.