Indications have emerged that many long-suffering senior citizens awaiting courts’ verdicts on matters relating to their gratuity and entitlements in Nigeria have died in the course of seeking justice, owing to delays in the dispensation of justice.
Many of them, majorly retired civil servants, were said to have died due to frustration, hunger and diseases inspired by high blood pressure as a result of unpaid gratuity and pension.
For instance, of the over 2,000 former personnel of the Nigerian Ports Authority, who were retrenched since 1991, no fewer than 100 were reported dead while awaiting court verdict on their unpaid entitlements.
A source at the Court of Appeal in Lagos, who spoke to our correspondent on the condition of anonymity, linked shortage of Court of Appeal judges to the delays being experienced in giving judgement.
He explained that as a result of shortage in number of judges in courts, workload on available judges had increased.
He added that the judges usually complained of heavy workload without any improvement made to the situation.
For example, he said the Court of Appeal in Lagos had two courtrooms (courts one and two), headed by a Presiding Justice, who supervises all the courts, adding that each of the courtrooms had three judges, totaling six judges with three panels.
A lawyer, who simply gave his name as Ade, said, “Cases are suffering in courts because of the workload on judges. That is why judges at the Court of Appeal keep adjourning cases that are one year and above.
“There are some cases that have been adjourned for as long as four years. In some cases, it is either the applicant/complainant or the respondent/defendant dies or in some cases, both could have died and that would be the end of the case. If you know the number of cases pending in Court of Appeal, Lagos, you would keep wondering.
“Government should employ more hands in courts. They should employ more judges at the High Courts, Appeal Courts and Supreme Court so that the unnecessary delay being experienced will be reduced. The workload is too much on judges, especially in the Appeal Courts.
“Many people have died without getting justice. For instance, many people want to collect their gratuity and other benefits but died without collecting it. We need to do something about our justice system.”
An NPA worker, who gave his name as Akin Olagbemi, said, “Some retrenched staff of the Nigerian Ports Authority are suffering. After 28 years of retrenchment, a total of 301 ex- staff are still in court to get their gratuity and pension. The most annoying thing is that even after the Supreme Court judgement was delivered in favour of the retrenched 301 ex-staff of NPA in 1991, setting aside the judgement of Court of Appeal, the ex- employees are back to square one as they started all over again from the High Court.
“This is injustice. Justice delayed is justice denied. Many of the retrenched workers are dead today. Why I’m worried about this is because one day, it will be my turn. Imagine what they could have gone through since 28 years ago -1991.”
Among the NPA workers sacked in 1991, who reportedly died during the process of fighting for their gratuity and pensions are David Oghozor; John Nwachukwu; Emeka Uwafili; John Umeh; Emmanuel Imoto; Samuel Boison; Ambrose Akweh; M.C Osakwe; E.k Kpaiye; D.O. Ochayi; E. Akiya; B.E. Akpan; N.E. Otuali; P.C. Nnaji and M.A. Ekeh.
Others are S.O Ntuk; I.K. Abariso; A.Asheri; S.O. Agbai; S.I Atafo; H.Kano; S.Neto; B.C Anukam; M.E Mbaka; E.G. Ayamse; E. Okocha; E.O Dike; O.Taylor; A. Lawanson; B.T Mustapher and S. Osu.
Of the over 2,000 retrenched staff of NPA in 1991, a total of 301staff dragged the NPA authority to the Lagos State High Court, presided over by Justice A.H.A. Saheed, in Suit No, LD/1827/92.
Justice Saheed in his declaration said, “Accordingly, it is here declared that all those plaintiffs and the persons they represent, who served the defendants up to five years but less than 10 years are entitled to gratuity.
“All those plaintiffs and the persons they represent, who served the defendants for a period of 10 years and above, are entitled to pension and redundancy benefits under the Pensions Act 1990 as amended by Circular Reference Number 63216/x1/x/618 of 13 September, 1991.”
In a move against the judgement, the management of NPA went to the Court of Appeal, where Justice D. Musdapher set aside the decision of Justice Saheed of the High Court.
Again, the 301 retrenched NPA staff dragged the NPA management to the Supreme Court, where Justice I.F. Ogbuagu of the Supreme Court upturned the judgement of the Court of Appeal and upheld the decision of the High Court, on May 11, 2007.
In a judgement, Justice Ogbuagu said, “In conclusion, this appeal is meritorious and it succeeds. I allow it and, hereby, set aside the said decision of the lower court. I affirm the said decision of the trial court.”
However, despite the judgement, Dr. Joseph Obi said, “What the 1991 retrenched NPA ex-workers are suffering had caused the deaths of not only the ex- staff but their dependants. Some of the ex-staff would have died of high blood pressure, hunger, and other heart diseases. This is just a case study of what people are suffering in Nigeria and why (there are) so much death in the country.”
It was gathered that many of the 1991 retrenched staff of NPA died of frustration, hopelessness, hunger, illness while waiting for their gratuity and pension.
