PENSION LAW — Retirement of Public Officers — Pensions Act Cap. 346 — Applicability to State Civil Servants
Principle Statement
The Pensions' Act in its introductory part reads thus: 'An Act to consolidate all enactments dealing with pensions, war pensions and disability benefits for civilian employees in the public service of the Federation.' This shows clearly that the Act applies to civilian employees of the Public Service of the Federation and not to employees of the Kaduna State Public Service from which the appellant retired. This meant that the appellant was pushing for the interpretation of a law which did not apply to him.
Ratio Decidendi (Source)
Per OGEBE, JSC, in Abdullahi v. The Military Administrator (2009) NLC-123-146-2003(SC) at p. 21; Paras A–B.
"The Pensions' Act in its introductory part reads thus: 'An Act to consolidate all enactments dealing with pensions, war pensions and disability benefits for civilian employees in the public service of the Federation.' This shows clearly that the Act applies to civilian employees of the Public Service of the Federation and not to employees of the Kaduna State Public Service from which the appellant retired. This meant that the appellant was pushing for the interpretation of a law which did not apply to him."
Explanation / Scope
This principle establishes that the Pensions Act Cap. 346 applies only to federal public service employees, not state employees. The introductory part of the Act limits its application to employees of the Federation. The principle applies where a state civil servant seeks to rely on federal pension legislation. It ensures that the correct law is applied. The principle reflects the federal structure of Nigeria. It prevents state employees from claiming benefits under federal laws. The court must determine the applicable law based on the employing authority. The principle provides clarity on the scope of pension legislation.
