A Laws.Africa project
24 April 1985

Nigeria Government Gazette supplement dated 1985-04-24 number 21 part A

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                                                                                                     A31
     Supplement to Official Gazette Extraodinary No. 21, Vol. 12, Pathperil,


                PENSION RIGHTS OF JUDGES DECREE1985




                                                                x




                                  Decree No. 5

                                   -                        [lst fanuary 1985]        _
                                                                                      ;,   Commence-
                                                                                           ment.
         THE FEDERAL MILVYEFARY GOVERNMENT hereby decrees as
    follows :—                                  ’
          1. Notwithstanding anything to the contrary contained in any law,                Pension
    including the Constitution of the Federal Republic of Nigeria 1979, a                  rights of the
    person holding the office of the Chief -Justice of Nigeria shall, if he                Chief Justice
    retires in pensionable circumstances, whether or not, bas held office as a             of Nigeria.
    judicial officer for not less than 15 years, be entitled to pension for life at a
    rate equivalent to his last annual salary in addition to any other retirement
    benefits to which he maybe entitled.
,    2.—(1) A person other than the Chief Justice of Nigeria,- who has
                                                                                           Pension
held office as a judicial officer for a period of not less than 15 years shall,            rights
if he retires at the age of 65 years, be entitled to pension for life at                   of Judges.
                                                                         a rate
equivalent to his last annual salary in addition to any other retirement
benefits to which he maybe.entitled.
         (2) A person who hasheld office as a judicial officer, other than the
    Chief Justice of Nigeria, for a period less than 15 years shall,
                                                                     if he retires
    at the age of 65 years, be entitled to pension forlife at a rate
                                                                     pro rata the
    number of years he served as a judicial officer in relation to the period
                                                                              of 15
    years or to the pension and other rétirementbenefits to which heis
                                                                           entitled
    under his terms and conditions .of service, if ‘any, whicheveris
                                                                       the higher.-
          (3) A person, other than the Chief Justice of Nigeria, who has held
    office as a judicial officer for a period’ legs, than 15 years, and whois
    otherwise entitled to pensions under the foregoing provisionsoft
                                                                              not
                                                                     his section,
shall on retirement before the age of 65 years be entitled to pension
                                                                              s
calculated on the basis of the more favourable of the following
                                                                       options, -
that is to say—                                                    .
      (a) pensions calculated on the basis of the relevant provisions of
  Pensions Act 1979 which allow for the aggregation of the total lengththe 1979 No.102.
  service as a judicial officer and any other pensionable service in the     of
                                                                         public
     service of the Federation or a State ; and
    (5) pension forlife calculated at a rate pro rata the numberof
                                                                      years he
. Served as a judicial officer in relation to the period of 15 years.

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