Bickering Over Ondo Retirement Age Law – TheNigerialawyer

FOLUSO OGUNMODEDE writes that fresh litigation
is imminent in Ondo State following plans by some lawyers to
challenge in court a new law passed by the State House of Assembly
which would extend retirement age of university and other tertiary
institutions’ workers from 60 to 70 years.

Days after it enacted a law entitled Ondo State Universities and
Other Tertiary Institutions (Retirement age) Law, 2019 which now
pegged retirement age of the institutions’ members of staff from 60
to 70 years, the State House of Assembly may have ignited legal
fireworks following plans by lawyers to test the new law in
court.

Besides, the House which passed a “bill for a law to provide for
the retirement age of professors, academic and non-academic staff
of universities and other tertiary institutions in Ondo State” on
4th September, 2019 said the new law would take effect from January
2019.

With the new law, workers who already retired between January
and August this year and whose positions had been occupied by their
subordinates would return to office.

The law arose from an executive bill initiated from the office
of the governor. But while passing the bill into law, the House
which made the law retrospective said Professors in the state
universities would now retire at 70 years while other academic
staff and non-academic staff at 65 years.

It said: “Interpretation; in this law, unless the context
otherwise requires: “Academic staff” means an employee of the
university who is engaged in teaching and research services.

“Non-academic staff” means a member of staff of universities and
other tertiary institutions whose primary duties are not academic
but administrative in support of the academic programs of the
Institution.

“Staff on professional cadre means academic staff who are
professors in the relevant field of study.

“Other tertiary institutions include Teaching Hospitals,
Research Institutes, Polytechnics, Mono-technics and colleges of
education established and owned by Ondo State Government.

“University” means a university established by a Law enacted by
the Ondo State House of Assembly. Notwithstanding the provisions of
any existing law relating or pertaining to compulsory retirement
age of staff on professional cadre and other staff of universities
and other tertiary institutions in the State, the retirement age
for Professors shall be 70 years, other academic staff shall be 65
years, and the on-academic staff shall be 65 years.

“This Law may be cited as the Ondo State Universities and Other
Tertiary Institutions (Retirement Age) Law, 2019 and the law should
come into effect in January 2019.”

Apparently miffed, lawyers at the weekend described the new law
passed on 4th September, 2019 and made to take effect from January
as not only illegal but an abuse of power by the Ondo state House
Assembly.

The lawyers including a Senior Advocate of Nigeria condemned the
new law, describing it as anti-people which if implemented would
not only increase the state’s financial burden as workers would now
benefit retrospectively but an opportunity to put future of young
ones in jeopardy.

Specifically, Mr. Seyi Sowemimo (SAN), President, Campaign For
the Defence of Human Rights (CDHR), Mr. Malachy Ugwummadu and Mr.
Mohammed Fawehinmi condemned the new law, insisting that its
implementation would not stand the test of time.

Also, they were unanimous that the law which was made to operate
retrospectively was wicked anti-people, and would put the future of
young ones in extreme jeopardy.

For instance, Sowemimo, said young people would find it
extremely difficult to secure employment in the civil service
should the new law become operational.

He said: “The law will definitely increase financial burden of
the state, because many people will now benefit
retrospectively.

“It’s an indication that the state is willing to bear the
consequences of extending service years of civil servants.

“This may consequently put the opportunity of the young ones
coming into service in jeopardy. This is because the sooner the
older ones leave the better for the young ones. So, I don’t really
see much sense in the law and I will not be surprised if the law is
challenged in court.”

Sowemimo was echoed by Ugwummadu, who believed that the law was
capable of legitimizing sharp practices in the state civil
service.

He said: “First, the law is not supposed to operate
retrospectively. That is trite, because you cannot legislate with
respect to things that have happened. You legislate with respect to
things of the moment and how the society interfacing with people
will be regulated moving forward.

“You can only be talking of a law when it is passed by the State
House of Assembly and assented to by the governor.

“This is the same way an Act will become effectual when the Bill
presented by the National Assembly is assented to by the president.
So, technically, the work relationship of a state cannot be
reordered through Executive Bill. It must be by way of legislation
and then the rules and conditions of employment will now benefit
from that legislation. Legislation is consistent with democracy and
not Executive Order which is reminiscent of military mentality.

“However, if the Executive Bill under consideration becomes
effective, it will mean that people who have retired, even others
who have died, will now draw salaries. This will in turn
legitimises sharp practices in the state civil service.”

Fawehinmi said the law was not only fraudulent and vexatious,
but also insulting the nation’s democratic era.

He said: “This is absolutely shocking to say the least. We have
left the military era behind for about 20 years till date. That law
is dead on arrival. The law is fraudulent, vexatious and very
insulting to this democratic era to be very frank.

“All the members of the House that participated in the
promulgation of this new law should be brought up on charges of
fraudulent misrepresentation and should be further investigated for
embezzlement of funds relating to the purported backdate. This is
very disgraceful”.

A rights activist, Mr. Kabir Akingbolu, described the law as
illegal saying it was borne out of favoritism and nepotism.

Akingbolu said: “It is an illegal law. How can this kind of law
be made in Nigeria by 21st century. It is ridiculous and if you
look at it very well, you will arrive at the corner cause as
favouritism or nepotism.

“Apart from the fact that our law, the 1999 Constitution, which
is the ‘Fons et origo’ and the grund num of Nigerian laws, forbid
retroactive laws, our peculiar circumstances in the country does
not favour such.

“This is because the stark reality is that many youths are
jobless and it follows that when people resign due to old age, it
will create room for youth employment. To do otherwise is to worsen
the lots of the youths who are majorly jobless.

“The law must have been made to suit some people who are
connected to the powers that be. It is simply an anti-people policy
more so, that anyone who retires at age 65 is not likely to suffer
because he can leave conveniently on his pension but what of the
youths?

“I am sure the governor who is a very senior lawyer will take a
second look at the law. We are not in military era. This is
undemocratic and I wouldn’t be surprised if it is challenged in
court.”

Culled from Newtelegraphng

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