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.

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The Enugu Zonal Directorate of the Economic and Financial Crimes Commission (EFCC) has re-arraigned Barrister Benjamin Chukwuemeka Nwobodo before Justice F. O. Giwa-Ogunbanjo of the Federal High Court sitting in Independence Layout, Enugu.

He is facing a 20-count charge bordering on forgery, possession of forged documents, and obtaining by false pretence to the tune of ₦15,700,000 (Fifteen million, seven hundred thousand naira).

Nwobodo was initially arraigned on January 27, 2025, on a five-count charge before the same court, where he pleaded “not guilty,” setting the stage for trial. He was granted bail on self-cognisance.

During the trial, EFCC counsel, Chief Superintendent Chikezie Raymond Edozie, presented six witnesses and tendered several exhibits, all of which were admitted in evidence.

At the hearing on April 23, 2026, the prosecution informed the court of an amended charge, which was read to the defendant. He again pleaded not guilty. The prosecution subsequently closed its case, and the matter was adjourned to April 30, 2026, for the defence to open its case.

The court had earlier, on March 4, 2026, issued a strong warning against Nwobodo for allegedly interfering with prosecution witnesses through harassment and intimidation within and outside the court premises. The court warned that his bail could be revoked if such conduct continued.

Count one of the charge states that Nwobodo allegedly forged a land purchase receipt dated January 15, 2014, worth ₦9,000,000, purportedly issued by Onyekachi O. Nwocha and Christiana C. Nwocha, with intent to defraud, an offence punishable under the Miscellaneous Offences Act.

Count seven alleges that on April 25, 2014, he presented a forged land purchase receipt worth ₦5,500,000 to Ude Chinedu Emmanuel, also allegedly issued by the same persons, with intent to defraud.

The defendant, who represented himself in court, is expected to open his defence on Thursday, April 30, 2026.

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A Lagos-based lawyer, Victor Azubike Awah, has been arraigned before the Lagos State Special Offences Court, Ikeja, over an alleged ₦27 million land fraud.

Awah, who appeared in court on Wednesday, was charged by the Economic and Financial Crimes Commission (EFCC) alongside his firm, Sparkan Ives Limited, on a six-count charge bordering on obtaining money by false pretence, using forged documents, and issuing a dud cheque.

According to the EFCC, the alleged offences were committed between October 2024 and February 2025 in Lagos. The anti-graft agency accused Awah of obtaining ₦27 million from Mrs. Onwuekwe Chioma Genevieve under the guise of selling a plot of land purportedly available for purchase.

The prosecution alleged that the transaction was fraudulent, stating that Awah acted with intent to deceive the buyer. His actions, the EFCC said, contravened Section 1(1) and are punishable under Section 1(3) of the Advance Fee Fraud and Other Related Offences Act No. 14 of 2006.

When the charges were read, Awah pleaded not guilty to all counts.

Prosecution counsel, Mr. A. M. Dambuwa, requested the court to set a trial date and remand the defendant in a correctional facility pending trial.

Awah, who appeared without legal representation, informed the court that he had already filed a bail application on his own behalf.

Justice O. A. Okunuga adjourned the matter to December 17 and 18, 2025, for hearing of the bail application and commencement of trial. The judge ordered that the defendant be remanded in the EFCC’s custody until the next hearing.

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