FOLUSO OGUNMODEDE writes that fresh litigation is imminent in Ondo State following plans by some lawyers to challenge in court a new law passed by the State House of Assembly which would extend retirement age of university and other tertiary institutions’ workers from 60 to 70 years.
![](https://thenigerialawyer.com/wp-content/uploads/2024/11/TheNigerialawyer-WhatsApp-Channel1.jpg")
Days after it enacted a law entitled Ondo State Universities and Other Tertiary Institutions (Retirement age) Law, 2019 which now pegged retirement age of the institutions’ members of staff from 60 to 70 years, the State House of Assembly may have ignited legal fireworks following plans by lawyers to test the new law in court.
Besides, the House which passed a “bill for a law to provide for the retirement age of professors, academic and non-academic staff of universities and other tertiary institutions in Ondo State” on 4th September, 2019 said the new law would take effect from January 2019.
With the new law, workers who already retired between January and August this year and whose positions had been occupied by their subordinates would return to office.
The law arose from an executive bill initiated from the office of the governor. But while passing the bill into law, the House which made the law retrospective said Professors in the state universities would now retire at 70 years while other academic staff and non-academic staff at 65 years.
It said: “Interpretation; in this law, unless the context otherwise requires: “Academic staff” means an employee of the university who is engaged in teaching and research services.
“Non-academic staff” means a member of staff of universities and other tertiary institutions whose primary duties are not academic but administrative in support of the academic programs of the Institution.
“Staff on professional cadre means academic staff who are professors in the relevant field of study.
“Other tertiary institutions include Teaching Hospitals, Research Institutes, Polytechnics, Mono-technics and colleges of education established and owned by Ondo State Government.
“University” means a university established by a Law enacted by the Ondo State House of Assembly. Notwithstanding the provisions of any existing law relating or pertaining to compulsory retirement age of staff on professional cadre and other staff of universities and other tertiary institutions in the State, the retirement age for Professors shall be 70 years, other academic staff shall be 65 years, and the on-academic staff shall be 65 years.
“This Law may be cited as the Ondo State Universities and Other Tertiary Institutions (Retirement Age) Law, 2019 and the law should come into effect in January 2019.”
Apparently miffed, lawyers at the weekend described the new law passed on 4th September, 2019 and made to take effect from January as not only illegal but an abuse of power by the Ondo state House Assembly.
The lawyers including a Senior Advocate of Nigeria condemned the new law, describing it as anti-people which if implemented would not only increase the state’s financial burden as workers would now benefit retrospectively but an opportunity to put future of young ones in jeopardy.
Specifically, Mr. Seyi Sowemimo (SAN), President, Campaign For the Defence of Human Rights (CDHR), Mr. Malachy Ugwummadu and Mr. Mohammed Fawehinmi condemned the new law, insisting that its implementation would not stand the test of time.
Also, they were unanimous that the law which was made to operate retrospectively was wicked anti-people, and would put the future of young ones in extreme jeopardy.
For instance, Sowemimo, said young people would find it extremely difficult to secure employment in the civil service should the new law become operational.
He said: “The law will definitely increase financial burden of the state, because many people will now benefit retrospectively.
“It’s an indication that the state is willing to bear the consequences of extending service years of civil servants.
“This may consequently put the opportunity of the young ones coming into service in jeopardy. This is because the sooner the older ones leave the better for the young ones. So, I don’t really see much sense in the law and I will not be surprised if the law is challenged in court.”
Sowemimo was echoed by Ugwummadu, who believed that the law was capable of legitimizing sharp practices in the state civil service.
He said: “First, the law is not supposed to operate retrospectively. That is trite, because you cannot legislate with respect to things that have happened. You legislate with respect to things of the moment and how the society interfacing with people will be regulated moving forward.
“You can only be talking of a law when it is passed by the State House of Assembly and assented to by the governor.
“This is the same way an Act will become effectual when the Bill presented by the National Assembly is assented to by the president. So, technically, the work relationship of a state cannot be reordered through Executive Bill. It must be by way of legislation and then the rules and conditions of employment will now benefit from that legislation. Legislation is consistent with democracy and not Executive Order which is reminiscent of military mentality.
“However, if the Executive Bill under consideration becomes effective, it will mean that people who have retired, even others who have died, will now draw salaries. This will in turn legitimises sharp practices in the state civil service.”
Fawehinmi said the law was not only fraudulent and vexatious, but also insulting the nation’s democratic era.
He said: “This is absolutely shocking to say the least. We have left the military era behind for about 20 years till date. That law is dead on arrival. The law is fraudulent, vexatious and very insulting to this democratic era to be very frank.
“All the members of the House that participated in the promulgation of this new law should be brought up on charges of fraudulent misrepresentation and should be further investigated for embezzlement of funds relating to the purported backdate. This is very disgraceful”.
A rights activist, Mr. Kabir Akingbolu, described the law as illegal saying it was borne out of favoritism and nepotism.
Akingbolu said: “It is an illegal law. How can this kind of law be made in Nigeria by 21st century. It is ridiculous and if you look at it very well, you will arrive at the corner cause as favouritism or nepotism.
“Apart from the fact that our law, the 1999 Constitution, which is the ‘Fons et origo’ and the grund num of Nigerian laws, forbid retroactive laws, our peculiar circumstances in the country does not favour such.
“This is because the stark reality is that many youths are jobless and it follows that when people resign due to old age, it will create room for youth employment. To do otherwise is to worsen the lots of the youths who are majorly jobless.
“The law must have been made to suit some people who are connected to the powers that be. It is simply an anti-people policy more so, that anyone who retires at age 65 is not likely to suffer because he can leave conveniently on his pension but what of the youths?
“I am sure the governor who is a very senior lawyer will take a second look at the law. We are not in military era. This is undemocratic and I wouldn’t be surprised if it is challenged in court.”
Culled from Newtelegraphng
Get your copy today and take the first step toward financial growth:👉 https://selar.co/4f16676016
_______________________________________________________________________ The Law And Practice Of Redundancy In Nigeria: A Practitioner’s Guide, Authored By A Labour & Employment Law Expert Bimbo Atilola
_______________________________________________________________________
[A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials
Available now for NGN 40,000 at ASC Publications, 10, Boyle Street, Onikan, Lagos. Beside High Court, TBS. Email publications@ayindesanni.com or WhatsApp +2347056667384. Purchase Link: https://paystack.com/buy/evidence-act-complete-annotation
______________________________________________________________________
ARTIFICIAL INTELLIGENCE FOR LAWYERS: A COMPREHENSIVE GUIDE
Reimagine your practice with the power of AI “...this is the only Nigerian book I know of on the topic.” — Ohio Books Ltd
Authored by Ben Ijeoma Adigwe, Esq., ACIArb (UK), LL.M, Dip. in Artificial Intelligence, Director, Delta State Ministry of Justice, Asaba, Nigeria.
Bonus:
Get a FREE eBook titled “How to Use the AI in Legalpedia and Law Pavilion” with every purchase.
How to Order: 📞 Call, Text, or WhatsApp: 08034917063 | 07055285878 📧 Email: benadigwe1@gmail.com 🌐 Website: www.benadigwe.com
Ebook Version: Access directly online at: https://selar.com/prv626
