CENTRAL BANK OF NIGERIA v. JACOB OLADELE AMAO & 2 ORS.
CITATION: (2010) LPELR-SC.168/2007
   
new OTHER CITATIONS:
1 CBN. v.Amao (2010) 16 NWLR (Pt. 1219) 271 S.C.
2
3
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Nigerian Coat of Arms
In The Supreme Court of Nigeria
On Friday, the 21st day of May, 2010
Suit No: SC.168/2007
 
 Between
CENTRAL BANK OF NIGERIA Appelants
 
 And
1. JACOB OLADELE AMAO
2. JOACHIM ADEBOWALE AJALA
3. THOMPSON ADESANMI JEMILO
(for themselves and as Representatives of all Central Bank of Nigeria Pennsioners)
Respondents
 
SUMMARY OF JUDGMENT 

This is an appeal against the judgment of the Court of Appeal, Holden at Lagos in appeal No. CA/L/461/2000 delivered on the 5th day of December, 2006 dismissing the appeal of the appellant against the judgment of the Federal High Court, Holden at Lagos in Suit No. FHC/L/CS/524/1999 delivered on the 22nd day of May, 2000 in favour of the plaintiffs, now, respondents in this Court.

The respondents were former employees of the appellant who instituted the action seeking the following reliefs:-

1. An order of mandamus directed to the respondent directing it to pay to the applicants forthwith all accrued pensions calculated with effect from 7th January, 1997 on emoluments currently earned by their serving counterparts as prescribed under the Federal Government Policy on Harmonisation of Pensions and subsequently all such pensions as and when due.

2. A declaration that on a true construction of (a) Federal Government While Paper Ref No. AFNC/86/2/376 dated 7th October, 1997, (b) Federal Government Circulars Ref No. 136321/S/T3/105 dated 30th January, 1997 and B3216/s.IIT3/124 dated 7th January, 1998 the appellants are entitled under the Federal Government Policy on Harmonisation of Pensions to payment of such pensions as are based with effect from 7th January, 1997 on emoluments currently earned by their serving counterparts.

3. A declaration that the respondents' decision to pay the applicants pensions on the basis of żaffordability and sustainabilityż is ultra vires, null and void.

4. An order of mandamus directing the respondent to pay the applicants forthwith all accrued pensions calculated with effect from 1st January, 1997 on emoluments currently earned by their serving counterparts as prescribed under the Federal Government Policy on Harmonisation of Pensions aforesaid and subsequently all such pensions as and when they fall due.

Further and in the alternative to 4 above, an order of mandatory injunction compelling the respondent to pay the applicants forthwith all accrued pensions calculated as described and subsequently all such pensions as and when they fall due.

Appeal dismissed.

   
Appearances
 
B. ALUKO- OLOKUN ESQ, SAN (with him B.K. ABU ESQ.) For the Appelants
 
T.A. MOLAJO ESQ, SAN (with him G.N.A. ENEBELI ESQ.) For the Respondents