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A Federal High court sitting in Lagos, presided over by Justice Daniel Abutu, will on Tuesday give a preliminary ruling on the suit filed by about 537 retirees of the Nigerian National Petroleum Corporation (NNPC), who are praying the court to compel the NNPC to pay them their outstanding severance benefits.
A Federal High court sitting in Lagos, presided over by Justice Daniel Abutu, will on Tuesday give a preliminary ruling on the suit filed by about 537 retirees of the Nigerian National Petroleum Corporation (NNPC), who are praying the court to compel the NNPC to pay them their outstanding severance benefits.
The pensioners who were compulsorily retired between 1995 and 2001 following their 1995 appraisal, want the court to compel the NNPC to pay them their harmonized pension scheme approved by the Federal Government.
At the resumed hearing in the matter, counsel to the pensioners, Mr. Onwuenweuno of Gani Fawehinmi Chambers argued that the court should determine two issues: Whether the retirees had served the mandatory one month pre-action notice on the NNPC before commencing their action and whether their (retirees) suit is statute barred.
According to him, "the plaintiffs have complied with the pre-action notice as required by law, particularly as stated in paragraph 26 of the plaintiffs' statement of claim. It follows that the plaintiffs have complied with section 12 (2) of the NNPC Act, Cap N123, Laws of the Federation, 2004. I urge the court to resolve the first question in favour of the plaintiffs."
On the action being statute-barred as canvassed by the NNPC's counsel, the pensioners counsel argued: "This action was commenced within time. If the court looks as paragraphs 26, 27, and 28 of the statement of claims, the cause of action in this suit is not the retirement of the plaintiffs, but the continued refusal of NNPC to pay them the harmonized pension scheme and other entitlements.
By NNPC letter dated November 23, 2004, refusing to pay the retirees their entitlements, meant that that was when the cause of action arose. "I submit that the cause of action arose when the NNPC refused to pay the plaintiffs the harmonized pension scheme and not when they were retired. I urge the court to resolve issue two in favour of the plaintiffs. Statute of limitation cannot apply in a case where there is a concealment or fraud," Onwuenweuno argued.
He asked the court to hold that the 537 retired workers of the corporation are entitled to the staff home ownership assistance scheme (SHOAS) in accordance with the NNPC conditions of service and also entitled to the harmonized pension scheme which the Federal Government had approved.
The NNPC pensioners are also praying the court to declare that:
o The plaintiffs are entitled to the payment of their Staff Ownership Assistance Scheme (SHOAS) in accordance with the NNPC conditions of services, in that the plaintiffs served the mandatory 10 years before they were abruptly and compulsorily retired by the defendant.
o A declaration that the plaintiffs are entitled to the payment of their increment/promotion, in that they had been appraised and have passed due process of appraisal and promotion/increment in accordance with the NNPC conditions of services, among others.