Alleged N421m Deduction: A’Court to hear suit between KWSG, pensioners, Monday

By Kayode Adeoti

The Court of Appeal, sitting in Ilorin, has fixed Monday to entertain
the notice of Appeal filed by the Kwara State Government against the
judgement restraining it from further deducting N421million monthly
from the salary account of the state chapter of the Nigerian Union of
Pensioners (NUP).
The state government was alleged to be using the fund deducted monthly
from the Pensioners account to run Junior Secondary Schools.
Also joined as co-defendant with the state government in the suit are;
the Attorney General and Commissioner for Justice, state Universal
Basic Education Board (SUBEB), the Commissioner for Finance, Joint
Local Government Account Allocation Committee, Local Government Staff
Pension Board, Chairman, Association of Local Governments of Nigeria
(ALGON).
Recall that the claimants; the Pensioners, Alhaji Khaliru Muhammed and
Mr Samuel O. Ibidoja, on May 29th, 2019, secured a judgement at the
state High Court, constraining the government from further deducting
the said money monthly from their salary.
The judgement which was handed down by Justice Matthew Adewara
described the government’s act as unconstitutional, null and void,
capricious, arbitrary, abuse of power and discretion.
It reads in part; “It is on the basis of the claimant’s view that the
claimants deserve judgement in their favour against 7th defendants.
“I hold therefore that the case has been proved against the 7th
defendant and I enter judgement against her as per all the reliefs in
the claimants’ writs of summons and statement of claims.
“With regards to the claimants’ claim against the 1st-6th defendants,
having regard to the evidence adduced and the exhibits tendered, I
hold that the claimants have proved their case on the preponderance of
evidence. I hold therefore that the claims succeed and I hereby enter
judgement in their favour,”
Following the letter of execution of judgement written by the
pensioners through their counsel, Shehu Abubakar, and forwarded to the
Secretary to the State Government and Chief of Staff, the defendant
has approached court for stay of execution and extension of time.
The Pensioners in their three pages counter affidavit against the
motion on notice urged the court to discountenance the prayers of the
appellants.
The affidavit which was deposed to by one Alhaji Saidu Oladimeji
stated that the applicants’ notice of Appeal does not contain any
special circumstance to warrant the grant of their application.
“That the court is not in the habit of depriving a successful party
the fruit of the judgement he lawfully obtained.
“That the rest of the Appeal is not perishable to warrant grant of
stay of execution.
“That granting the applicants’ application for stay of execution will
amount to determining the substantive appeal at the interlocutory
stage because the appellants’ grounds are directed toward the res or
subject matter of this appeal,” it revealed.