Human rights lawyer Femi Falana and activist Omoyele Sowore have condemned the use of tear gas to disperse pensioners protesting on Monday at the Lagos State Government Secretariat in Alausa, Ikeja.
The retirees were protesting outstanding pension adjustments, consequential increases and wage awards when police officers intervened and fired teargas at the protesters.
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Mr Falana, a Senior Advocate of Nigeria (SAN), described the police action as unlawful and asked the Inspector-General of Police, Tunji Disu, to identify and prosecute the officers involved.
In a statement on Monday, the senior lawyer stressed that the pensioners were exercising their right to peaceful assembly and protest.
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He referred to the 2008 Court of Appeal decision in Inspector-General of Police v All Nigerian People’s Party affirming the right of Nigerians to organise rallies and demonstrations without obtaining a police permit.
The judgement, according to Mr Falana, recognised rallies and placard-carrying demonstrations as a means through which citizens express their views on issues affecting them and the government.
He also cited Section 4 of the Nigeria Police Force Establishment Act 2020, which he said requires the police officer responsible for an area where a rally, meeting or procession is taking place to deploy personnel to provide security.
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“The violent disruption of the peaceful rally of pensioners at Alausa, Ikeja, Lagos State, is a complete violation of the rights of the protesters to assemble and protest against the failure of the Lagos State Government to pay their pension as and when due,” Mr Falana noted.
He described the police action as a breach of Section 83(4) of the Police Establishment Act.
“We call on the Inspector-General of Police to arrest and prosecute the police officers who violently disrupted the peaceful rally and thereby inflicted intentional physical bodily injury on the protesters without any legal justification whatsoever,” he said.
Sowore demands investigation
Mr Sowore, the presidential candidate of the African Action Congress (AAC) and publisher of Sahara Reporters, also condemned the incident.
He stated that it was unacceptable for elderly people who had spent years working for the government to be met with tear gas when demanding their entitlements.
“It is bad enough that these senior citizens are being denied their legitimate post-retirement entitlements after giving years of their lives in service. To then unleash tear gas on them for peacefully demanding what is rightfully theirs is cruel, reckless, and completely unacceptable,” he said.
Mr Sowore called for the officers involved to be identified, arrested and investigated.
He stressed that the police officers should face appropriate criminal charges if investigations establish that their actions amounted to serious offences.
“Our pensioners deserve their entitlements, dignity, and respect, not brutality!” he said.
Pensioners to meet Sanwo-Olu
The pensioners had gathered at the Lagos State Secretariat and the House of Assembly complex in Alausa to press their demands before the police intervention disrupted the protest.
Michael Omisande, chairman of the Lagos State chapter of the Nigeria Union of Pensioners, Contributory Pension Scheme, stated that several hundred retirees took part in the protest.
He noted that representatives of the Lagos State Commissioner of Police later met with the pensioners and apologised for what happened.
Mr Omisande said Governor Babajide Sanwo-Olu, who was out of Lagos at the time, also sent his chief of staff to meet the protesters.
According to him, the Chief of Staff spoke with the pensioners and asked them to return to Alausa on Thursday for a meeting with the governor.
The retirees have been demanding payment of pension adjustments and wage-related benefits which they say have remained outstanding.
PenCom intervenes
The National Pension Commission also announced on Monday that it was engaging the Lagos State Government and the Lagos State Pension Commission over the concerns raised by retirees under the Contributory Pension Scheme.
PenCom said it was aware of concerns over delays in implementing approved pension adjustments and was discussing the matter with the state authorities.
“PenCom recognises the importance of ensuring that retirees receive all benefits legitimately due to them and appreciates the concerns arising from delays in the implementation of any approved pension adjustments,” the commission stated.
The regulator said its discussions with the Lagos government and LASPEC included the implementation of appropriate pension adjustments for eligible retirees.
PenCom, however, explained that several steps had to be completed before adjustments could be paid.
It said the authorities must determine the retirees who qualify, establish the applicable increases, calculate the resulting actuarial liabilities and determine the funding required.
Relevant data and instructions must also be provided to Pension Fund Administrators and other pension operators responsible for implementing the adjustments.
“Implementing pension enhancements involves determining eligibility, applicable adjustments, actuarial liability, funding, and providing relevant data and instructions to the pension operators,” PenCom noted.
The commission did not state when the process would be completed or when the affected retirees would begin receiving the adjustments.
It stated that it would continue discussions with the Lagos government, LASPEC, PFAs and representatives of the pensioners towards resolving the matter.
“PenCom will continue to work with the Lagos State Government, LASPEC, PFAs, and representatives of pensioners toward a transparent, orderly, and sustainable resolution of the issues,” it said.
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The commission noted that it would also continue to exercise its regulatory and supervisory responsibilities to ensure compliance with pension laws.
Under the Contributory Pension Scheme, retirement benefits are paid from contributions accumulated in individual Retirement Savings Accounts and managed by licensed Pension Fund Administrators, while PenCom regulates the industry.
For participating state governments, the payment of government-related pension liabilities and implementation of benefit adjustments also depend on the availability and release of the required funds.
The pensioners’ planned meeting with Mr Sanwo-Olu on Thursday is expected to focus on their outstanding demands and the steps required to resolve them.
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