Hon. Justice Ikechi Nweneka of the Lagos Judicial Division of the National Industrial Court of Nigeria has dismissed the pension entitlement claims filed by one Mr Toyi against the Lagos Waste Management Authority for lacking merit.
The Court held that Mr Toyi has not demonstrated any employment relationship with the Lagos Waste Management Authority, and also failed to provide evidence to support his claim for pension arrears.
From facts, the Claimant, Mr Toyi, submitted that he was employed in 1980 by the Lagos Waste Disposal Board, which later became Lagos Waste Management Authority, and was compulsorily retired in 1990 with a directive to return at age 60 for pension benefits.
Mr Toyi averred that upon attaining 60 years in 2020, he approached the Authority for payment of his pension arrears and other benefits, but was informed that his file could not be found. He claimed he wrote several letters and served demand notices through his solicitors without success.
He consequently sought declarations for his gratuity and pension arrears, the sum of N6m as unpaid pension covering the years 2020 to 2024, N20m as damages, lifetime monthly pension, interest, and costs.
In defence, the Lagos Waste Management Authority denied any employment relationship with Mr Toyi and maintained that there was no record of his employment in its nominal roll or pension register.
The Authority contended that Toyi failed to produce his appointment letter, confirmation letter, or exit letter, which are necessary to verify employment and process pension benefits, and urged the Court to dismiss the suit.
In opposition, counsel to Toyi argued that employment could be proved by documentary and oral evidence even in the absence of an appointment letter and relied on a cheque, a warning letter, affidavits of loss, and the testimony of a retired staff member to establish the relationship.
Replying on points of law, counsel to the Lagos Waste Management Authority, Lekan Alabi Esq., submitted that Toyi documents were inconsistent and lacked probative value, that the burden of proof was not discharged, and that special damages such as pension arrears must be specifically pleaded and strictly proved.
In a well-considered judgment, Justice I. G. Nweneka reiterated that a party who seeks declaratory relief must succeed on the strength of his own case and must place credible and conclusive evidence before the Court.
The Court found that Toyi’s documents were either inadmissible, inconsistent, or unsupported by credible evidence, and that no satisfactory explanation was given for his alleged compulsory retirement at about 30 years of age or for the discrepancies in payroll numbers.
Justice Nweneka further held that the claim for N6 million pension arrears was not supported by any evidence of salary, pension structure, or computation, and therefore failed as special damages.
“To this end, therefore, it is my considered view that the Claimant has failed to establish any employment relationship with the Defendant or any entitlement to pension benefits. Accordingly, the claims are hereby dismissed in their entirety.” The Court ruled.
