‘Well-structured Pension System Critical For Dignity of Public Servants In States’

A well-structured pension system is vital for protecting the comfort and dignity of public servants in retirement, a critical reason why state governments must strive to ensure that the pension scheme in their respective State offers joy in retirement for states’ civil servants across the country.

The director, Centre for Pension Rights Advocacy(CPRA), Ivor Takor stated this in its position paper titled: ‘Betrayal by Law: How Governors of Five States Legalised Their Comfort and Left Public Servants to Suffer in their Old Age,’ noted that, “after years of dedicated service, public servants deserve the assurance of financial security, independence, and peace of mind.

“Pensions provide a steady income after retirement, enabling retirees to meet their basic needs and maintain a decent standard of living. Beyond individual welfare, strong pension schemes strengthen the economy and uphold the principle that service to the nation is valued and rewarded.”

Disclosing that there is constitutional protection of Pension Rights for Public Servants, he said: “Section 210(1) of the Constitution provides that: ‘Subject to the provisions of subsection (2) of this section, the right of a person in the public service of a state to receive pension or gratuity shall be regulated by law.’ Further, subsection (2) states: ‘Any benefit to which a person is entitled in accordance with or under such law as is referred to in subsection (1) shall not be withheld or altered to his disadvantage except as permitted under any law, including the Code of Conduct.’

The Pension Act of 1990, he noted, previously applied uniformly across all tiers of public services in Nigeria, he, however, added that, with the enactment of the Pension Reform Act of 2004, which took effect on June 25, 2004, Section 98(1)(a) effectively dismantled this uniform framework.

In its place, he said, states were required either to adopt the new contributory pension scheme by enacting their own laws or to retain separate legislation governing pension payments for retirees under the old system.

The shift, he stressed, resulted in a legal vacuum within the states, as no laws were in existence to safeguard the pension rights of public servants at the state level.

“Since June 25, 2004, thirty-one (30) states and the Federal Capital Territory (FCT) have enacted legislation to protect the constitutionally guaranteed pension rights of public servants. However, six (6) states — namely Akwa Ibom, Borno, Cross River, Kwara, Plateau, and Yobe — have yet to enact corresponding pension laws, thereby raising serious concerns regarding the protection and enforcement of pension rights as guaranteed under the Constitution,” he pointed out.

Saying that, the governors’ actions are not just morally bankrupt; they represent a dereliction of constitutional duty, he added that, “Section 210 of the Constitution guarantees that pensions must not be withheld or altered to the disadvantage of retired public servants. By failing to enact the necessary pension protections while prioritizing their personal enrichment, these governors have trampled on this constitutional guarantee, turning governance into a tool of personal gain rather than public service.”

In the end, he said, the governors of Akwa Ibom, Borno, Kwara, Plateau, and Yobe States stand indicted not only by the laws they chose to enact but even more so by the laws they chose to ignore.

Their betrayal of public servants, he emphasised, reveals a glaring deficit of moral leadership and a disturbing perversion of public office for private gain, expressing that, true leadership demands sacrifice, fairness, and fidelity to justice — not the entrenchment of privilege at the expense of those who served with dedication.

Until these wrongs are corrected through deliberate legislative reforms that prioritise the welfare of all, not just the elite, the legacy of these governors will remain stained by a record of legalised injustice and the suffering they so casually left in their wake, he stressed.