YAKUBU v. ATTORNEY-GENERAL & ORs

The plaintiff was appointed a district magistrate, grade 1 in 1967. On 1 November 1976 he was promoted to the circuit court bench. He was appointed an Acting High Court judge while he was still a circuit judge on 18 August 1986 with effect from 8 July 1986. He acted in this position until 18 September 1990 when by a warrant of appointment dated 16 May 1991 he was elevated as a substantive High Court judge. In or about March 1993 he was retired from the Judicial Service having attained the compulsory retiring age of 65.

As part of his conditions of service, he was provided with a furnished accommodation and a chauffeurdriven car, among other facilities, for his free and personal use. Upon his retirement, the Chief Justice requested him to vacate his bungalow and release the car for use by a serving judge. He vacated his bungalow but released the car under a strong protest. He contended that he was entitled to the use of the car upon his retirement as part of the facilities and privileges he was entitled to under the Constitution, 1992. He contended further that the period for which he acted as a High Court judge should be included in the calculation of his service as a substantive High Court judge to qualify him for his retirement benefits or awards under article 155(1) and (2) of the Constitution, 1992. He contended further that in computing his pension, the salary must not only be the salary he was entitled to immediately before proceeding on retirement with the necessary changes and increases as that of a serving justice of the High Court, but must also include all the allowances, facilities and privileges he was enjoying while in the service.

The Controller and Accountant-General, the third defendant herein, who has the responsibility of computing the retiring entitlements of the plaintiff could not agree with the plaintiff. The plaintiff has therefore taken this action for:

(a) a declaration that on retirement the plaintiff shall be paid a pension which was equal to the salary he was entitled to immediately before proceeding on retirement in March 1993 with the necessary changes and increases as the salary of a serving justice of the superior court of judicature;

(b) a declaration that the computation of the plaintiff's gratuity be calculated on the basis of the plaintiff's last gross salary or [p.312] enhanced consolidated salary before proceeding on retirement;

(c) a declaration that the computation of the plaintiff's pen