Plateau State Government and Chairmen of 17 Local Government areas are to appear in Court on 8th April,2024.
A lawsuit has been filed by Messrs. Dung Mamman Zi and Zakka T. Plangzak (suing for themselves and on behalf of 986 other retirees from the 17 Local Government Councils of Plateau State) against the Plateau State Government and 23 others (Suit No: NICN/JOS/22/2023). The case will be heard at the National Industrial Court of Nigeria in Jos on April 8th, 2024.
Details of the Lawsuit
The lawsuit claims a total of 23 billion Naira owed to 986 retirees. This amount includes unpaid gratuities, pension arrears calculated based on 55% of the 18,000 minimum wage (instead of the 100% paid to state civil servants), and other outstanding pension amounts.
Background
The 986 retirees who retired between 2012 and the filing of the lawsuit in 2023 have not received their gratuities. Most also have pension arrears dating back to their retirement, when they were only offered half pensions based on the 55% salary agreement.
In 2011, the Plateau State Government represented by MLCA,LGSC witnessed by the Minister for Labour and Productivity as well as state chairman NLC Plateau State, reached an interim agreement with the Labor Unions representing Local Government employees. This agreement stipulated a temporary 55% salary for local government employees compared to their state-level counterparts. The remaining 45% was promised upon improvement in government revenue.
Despite minimum wage increases, the promised arrears have not been paid to the 986 retirees. Additionally, some health workers have suffered reductions in their Grade Levels, impacting their pension calculations.
Efforts for Resolution
The 986 retirees pursued various avenues for resolution before resorting to legal action. They contacted the then Head of Service, Mrs. Hulda Fwanchi, who established a committee to investigate their case. The committee recommended calculating their pensions based on the full 100% salary rate given to state civil servants. However, this recommendation was not implemented.
Legal Basis for the Claim
The lawsuit is supported by Sections 210 and 318(1) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended), which define a Public Officer of the State to include Local Government staff. Additionally, Sections 16 and 20 of the Local Government Staff Pension Board Law of Plateau State state that upon retirement, a local government employee is entitled to the same benefits as those at the state level.
Arguments Presented by the Lawyer
A senior advocate of Nigeria (SAN) Edwin O.Okoro is the lead counsel, Mr. Nanyak Dindam Dashe, representing the retirees, argues that previous governments have mistakenly viewed local government employees as deserving less due to their association with the third tier of government. He emphasizes that these employees are essentially state government employees assigned to work at the local level.
Dashe contends that the Constitution recognizes only two public service categories: the Federal Public Service for federal government staff and the State Public Service, which encompasses both state-level employees under the State Civil Service Commission and local government employees under the Local Government Service Commission. Notably, the same House of Assembly established both commissions.
Dashe further argues that local governments deserve greater support due to their direct service to rural communities. Regarding pensions and gratuities, he emphasizes their status as protected rights under Section 210 of the Constitution.
Pension Review and Minimum Wage Increase
Dashe argues that the retirees have the right to request a pension review since the Constitution mandates such reviews whenever salaries are adjusted. Given that their pensions are currently based on the 18,000 minimum wage, they should be recalculated based on the new 30,000 Naira minimum wage. He anticipates further pension increases and gratuity recalculations with the potential introduction of a new minimum wage.