The Court of Appeal in Abuja has ruled that governors and deputy governors elected under the defunct 1979 Constitution are not entitled to pension benefits under the 1999 Constitution unless such provisions are expressly made by their respective state governments.
The appellate court made the clarification while dismissing an appeal filed by a former governor of the old Borno State, the late Alhaji Umar Mohammed Goni, who served between 1979 and 1983.
Goni had challenged the December 18, 2019 judgment of the National Industrial Court of Nigeria (NICN), which dismissed his claim for pension and other benefits under the Borno State (Grant of Pension to Governors and Deputy Governors) Law, 2005, as amended in 2009.
In his suit, the former governor argued that he was entitled to a monthly pension for life and other benefits provided under the state law, relying on provisions of the 1999 Constitution and the Interpretation Act.
However, in a unanimous judgment delivered on Monday, a three-member panel of the Court of Appeal affirmed the decision of the NICN and held that the pension law did not apply to governors elected under the 1979 Constitution.
Justice Mohammed Danjuma, who delivered the lead judgment, stated that the 1979 Constitution ceased to have effect following the military takeover in 1983 and could not be linked to the constitutional framework established by the 1999 Constitution.
According to the court, the 1999 Constitution ushered in a new democratic order and the Borno State pension law contained no provision extending pension benefits to governors who served under the defunct constitutional arrangement.
Justice Danjuma noted that if the lawmakers intended to include former governors of the old Borno State, the legislation would have expressly stated so.
“The appellant was a governor of the defunct Borno State under the 1979 Constitution, not a governor under the 1999 Constitution or immediately before or after the coming into force of the 1999 Constitution,” the court held.
The appellate court agreed with the National Industrial Court that the Borno State pension law did not have retrospective effect and therefore could not benefit Goni.
The court also upheld preliminary objections raised by the Borno State Government against the appeal.
Justice Danjuma held that although the appeal could survive the death of Goni, who died before the case was concluded, his legal representatives failed to properly substitute him in the proceedings.
The court further ruled that the appeal was incompetent because it was filed outside the legally prescribed period without obtaining leave of court for an extension of time.
According to the judgment, while the National Industrial Court delivered its decision on December 18, 2019, the notice of appeal was not filed until November 13, 2024.
The Court of Appeal consequently dismissed the appeal and affirmed the judgment of the lower court.
