The National Industrial Court of Nigeria sitting in Abakaliki, Ebonyi State, has awarded damages against the Ebonyi State Government in favour of a retiree tagged a “ghost pensioner” by the government during its monthly verification exercise.
In the suit marked NICN/ABK/12/2022 which commenced on October 14, 2022, Peter Nwogba, a native of Egubia village Umuezekoha Ezza, Effuim South Development Centre in Ohaukwu Local Government Area of the state sued Ebonyi State Government, Ebonyi State Head of Service, the Chairman of Ebonyi State Pension Board, the Chairman of Ebonyi State Civil Service and the Attorney General of Ebonyi State for allegedly tagging him ghost pensioner and withholding his entitlements.
The claimant, who is physically challenged, worked for the state government from March 15, 1993 to October 25, 2012 as Personnel Officer 11 and retired as a Principal Executive Officer from the state Ministry of Works.
In the course of the matter, the claimant pleaded that he has been on monthly pension of the state government since October 25, 2012 till July 2019 when he did not attend verification exercise due to ill-health and was labeled “Ghost Pensioner” despite all his efforts to clarify issues after being discharged from hospital.
Hence, he dragged the state government to court to seek redress and sought a declaration that tagging him a “Ghost Pensioner” by the first defendant (state government) and her agents, servants, assigns and privies is demeaning discriminatory and disparaging to his person.
“A declaration that the continuous withholding of his pension arrears by the 1st defendant through its agents without any justifiable reason is illegal and unlawful.
“An order compelling the 1st defendant and her agents to pay the claimant all the arrears of his pension starting from August 2019 to the present month with interest accessed in the current CBN interest rate and reinstates the claimant to his original position as a Pensioner.”
Delivering judgement recently on the matter, the presiding judge, Justice Oluwakayode Arowosegbe declared the actions of the state government as unlawful as well as illegal, granted all the claimant’s reliefs which include award of N10 million damages against the state government.
The court further ordered the state government to pay the Pensioner N500, 000.00 as cost of litigation, pay him all his pension arrears of 31 months, and reinstate him to his original position as a Pensioner among other orders.
The orders read, “I reiterate the reliefs granted as follows: a declaration that tagging him a ghost pensioner by the 1st Defendant and her agents, servants, assigns and privies is demeaning, discriminatory and disparaging to his person.
“A declaration that the continuous withholding of his pension arrears by the 1st Defendant through its agents without any justifiable reason is illegal and unlawful.
“An order compelling the 1st Defendant and her agents to pay the claimant all the arrears of his pension starting from August 2019 to date and to reinstate the Claimant to his original position as a pensioner.
“Ten million naira (N10, 000,000.00) exemplary damages jointly and severally against the Defendants.
“Cost of five hundred thousand naira (N500, 000.00) only against the Defendants jointly and severally
“25 percent simple interest rate against the Defendants jointly and severally in accordance with Order 47, Rule 7 of the NIC Rules.”
