Court dismisses ex- Borno Gov, Goni’s suit for pension, benefits – TheNigerialawyer

The National Industrial Court, Abuja on Wednesday dismissed ex-
Borno governor, Mohammed Goni’s suit for payment of pension and
other benefits, for lacking in merit.

Goni, the claimant was the first civilian governor of the former
Borno from Oct. 1979 to Oct. 1983.

He instituted the suit against the State Government and
Attorney-General of the State via an originating summons on May
30.

In the summons, he averred that since he left office in 1983, he
had been paid his pension only four years, starting from July 2014
till date.

He therefore sought for a declaration of the court that by the
combined reading of Sections 3 (1) and (3) of the Borno State,
subsection 3 (i) – (ix) of the Borno State ( Grant of pension to
Governors and Deputy Governors) Law, 2005 (as amended in 2009) and
Section 312 (2) of the 1999 constitution of the Federal Republic of
Nigeria (as amended), as well as Section 6 of the Interpretation
Act Cap 123, Laws of the Federation of Nigeria, 2004.

That he was entitled to receive monthly pension for life and the
additional benefits enumerated in Sections 3 (1) and (3) of the
Borno State, subsection 3 (i) – (ix) of the Borno State (Grant of
pension to Governors and Deputy Governors) Law, 2005 (as amended in
2009).

The ex-governor also sought for a mandatory order of the court
directing the defendants to immediately pay him the accrued pension
and also provide him the additional benefits.

Justice Edith Agbakoba delivering the judgment said that the
Borno State (Grant of pension to Governors and Deputy Governors)
Law, 2005 (as amended in 2009) had no retrospective provision
covering Governors and Deputy Governors who were not elected in
accordance to any law in force immediately before the coming into
force of the 1999 Constitution as amended.

The judge in addition averred that the cited sections of law did
not apply to the claimant.

She said those sections were applicable to Governors that came
into office after those laws were amended.

Agbakoba therefore dismissed the suit for lacking in merit and
awarded no cost.

The News Agency of Nigeria (NAN) reports that the claimant’s
counsel Deji Morakinyo of Falana & Falana’s Chamber in the
originating summons had also submitted that that claimant was never
provided the additional benefits enumerated in the said sections of
law.

According to the counsel, the claimant was to be provided with,
a Principal Admin Officer, a Personal Assistant on Grade Level 10,
two brand new vehicles and two drivers.

Others provisions were for free medical treatment for the
claimant, his wife and biological children, 30 days annual vacation
within or outside Nigeria.

Additional provisions for a furnished six bedroom house within
the state and payment for water and electricity bills in respect of
the office and accommodation provided.

The defence counsel, Bulus Adamu of Borno Ministry of Justice,
in the Statement of defence, however, said the claimant was not
qualified as one of the former Governors which the 1999
Constitution as amended deemed as duly elected governors. (NAN)