The National Industrial Court of Nigeria, Enugu State Judicial Division has ordered the Pension Transitional Arrangement Directorate (PTAD) to pay an octogenarian, Pa Abednego Anyaegbuna Onuaguluchi N17,064,597.68 of total monthly pension arrears due to him from July 2015 to October 2019 at the rate of N328,165.34 per month which was unjustly withheld by the claimant.
The presiding judge, Justice Oluwakayode Ojo Arowosegbe gave the order in a judgement in Suit No NICN/ABJ/104/2019 between Pension Transitional Arrangement Directorate as claimant and Abednego Anyaegbuna Onuaguluchi as Defendant.
The claimant through its Counsel, C.J. Onuzulike, had in the suit which commenced in the way of Originating Summons, asked the court to ordered the Defendant (Pa Onuaguluchi) to N16,479,218.99 being the total Federal pension overpayment made to the Defendant between September 2006 to July 2015 which sum the defendant has failed, refused and/or neglected to refund.
The claimant also sought among other reliefs in his Amended Statement Facts (ASF): “an interest on the said N16,479,218.99 at the rate of 15% per annum from July 2015 until judgment is delivered in this suit; and interest on the Judgment debt at the rate of 10% per annum from the date judgment is delivered until the entire judgment sum is fully liquidated by the defendant.
The defendant through his Counsel, Pius Ogwuche filed Amended Statement of Defence and Counter Claim (ASD&CC) upon which he sought the following reliefs: “The sum of N17,064,597.68 being his aggregate or total monthly pension arrears due to him from July 2015 to October 2019 at the rate of N328,165.34 per month which is unjustly withheld by the claimant.
“The sum of N328,165.34 per month from November, 2019 or the upward review of the same for pensioners as determined by the Federal Government from time to time until determination of this suit.
Ruling on the suit, Justice Arowosegbe condemned the action of the claimant for unjustly withholding the monthly pensions of the Defendant and granted all the reliefs sought in the defendant’s counterclaims except that the litigation was reduced to N500,000.
The court further held, “I reiterate that, the defendant-counter claimant won issue 1, while the claimant-defendant to the CC lost it. I reiterate too that, the defendant- counter claimant also won issue 2, while the claimant-defendant to the ‘CC lost it. The claimant-defendant to the CC lost in both measures, while the defendant-counter claimant won in both measures. I reiterate the reliefs granted as follows:
“(a) The sum of Seventeen Million, Sixty four Thousand, Five Hundred and Ninety Seven Naira, Sixty Eight Kobo (N17,064,597.68) being his aggregate or total monthly pension arrears due to him from July 2015 to October 2019 at the rate of N328,165.34 per month which is unjustly withheld by the claimant.
“(b) The sum of N328,165.34 per month from November, 2019 or the upward review of same for pensioners as determined by the Federal Government from time to time until determination of this suit. (c) Ten Percent (10%) post judgment simple interest per annum upon the sums awarded in this suit.
