Lagos AG, Others Ordered To Issue Clearance Certificate To Retiree

A Lagos division of the National Industrial Court, has ordered and compelled the Lagos State Attorney-General (AG) and three others, to immediately issued Letter of Confirmation and Certificate of Clearance, to a retiree, Olatokunbo Idowu, for the purpose of processing and payment of his terminal benefits, and to compute and pay his terminal benefits.

The presiding judge, Justice Salisu Danjidda, made orders while granting an ‘order of Mandamus’, against the suit he brought against the AG and others.

Others affected by the order of Mandamus are: the Honourable Commissioner, Ministry of Commerce, Industry and Cooperatives, Auditor General of Local Governments CTCS Limited, Lagos State Pension Commission and Attorney General of Lagos State. 

Apart from the Order of mandamus, Justice Danjidda also ordered the Auditor General For Local Governments CTCS Limited to pay Mr. Olatokunbo, a total sum of N2,128.662 million, as Savings with the Auditor General For Local Governments CTCS Limited as at April 2017 together with accrued interest forthwith.

The judge also awarded the sum of N500, 000, as the cost of instituting the suit, in favour of Mr. Olatokunbo, against the Auditor-General of Local Governments CTCS Limited.

During the trial of the case, the claimant,  Olatokunbo, told the court that he retired from the Public Service of Lagos State, and is entitled to the payment of Gratuity, Pension and other retirement benefits accruable to retired Civil Servants in Lagos State. 

He further told the court that he commenced processing his retirement benefits but the President of the Auditor General of Local Governments CTCS Limited refused to issue him a Certificate of Clearance, and all efforts to get the same proved abortive.

The claimant’s counsel, Oluwole Alademehin Esq submitted that his client’s retirement benefit is governed by Lagos State Pension Reform Law 2007 and having served in the public service of Lagos State for a period of 31 years and 4 months, he is entitled to the payment of pension, gratuity and all other emoluments applicable to the Public Service of Lagos State.

All the defendants, Honourable Commissioner, Ministry of Commerce, Industry and Cooperatives, Auditor- General of Local Governments CTCS Limited, Lagos State Pension Commission and Attorney General of Lagos State, did not file any defence to the suit.

Owing to the the failure of the defendants to file any defence, claimant’s counsel, told the court that it ‘implies that they have no defence’, and urged the court to grant the reliefs sought.

Following the submission made by claimant’s counsel, Justice Salisu in his judgment held that: “the Honourable Commissioner, Ministry of Commerce, Industry and Cooperatives; Auditor General of Local Governments CTCS Limited; Lagos State Pension Commission and the State’s AG, have failed to comply with the provisions of Section 8 of the Lagos State Pension Reform Law that stipulates that a Certificate of Clearance shall be issued within 21 days of the employee’s retirement and Mr. Olatokunbo Idowu has discharged the onus on him to prove his case. 

Justice Danjidda, consequently granted the Order of Mandamus compelling the Auditor General For Local Governments CTCS Limited, to immediately issue a Letter of Clearance to Mr. Olatokunbo. And equally awarded the sum of N2, 128. 662 million, in his favour, as his savings with the Auditor General For Local Governments CTCS Limited as at April 2017 together with accrued interest forthwith.

The judge also awarded the sum of N500, 000, in favour of the claimant against the defendants, as the cost of instituting the suit.