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The Lagos Division of the National Industrial Court of Nigeria has dismissed a ₦6 million pension claim filed by Mr. Toyin Alabi against the Lagos Waste Management Authority (LAWMA), ruling that he failed to establish that he was ever employed by the agency.
Delivering judgment in Lagos, Justice Ikechi Nweneka held that Mr. Alabi did not present credible evidence to prove an employment relationship with LAWMA or to justify his claims for pension arrears, damages, and other benefits.
The court found that the claimant failed to produce key documents, including an appointment letter, confirmation letter, or retirement letter, which are ordinarily required to verify employment and process pension claims.
Giving the background to the case, Mr. Alabi told the court that he was employed in 1980 by the former Lagos Waste Disposal Board, which later became LAWMA. He said he was compulsorily retired in 1990 and instructed to return at the age of 60 to collect his pension.
He explained that upon attaining 60 in 2020, he approached the Authority to claim his pension benefits but was informed that his file could not be located. According to him, several letters and demand notices sent through his solicitors went unanswered.
He subsequently approached the court, seeking declarations that he was entitled to gratuity and pension. He also claimed ₦6 million as unpaid pension from 2020 to 2024, ₦20 million in damages, lifetime monthly pension, interest, and legal costs.
In its defence, LAWMA denied ever employing Mr. Alabi, stating that his name did not appear in its nominal roll, staff records, or pension register.
The Authority further told the court that the claimant failed to submit essential documents required for pension processing, including his appointment and exit letters, and urged the court to dismiss the suit.
Arguing for Mr. Alabi, his counsel contended that employment could be established through documentary and oral evidence, even in the absence of an appointment letter. He relied on a cheque, a warning letter, affidavits of loss, and the testimony of a retired staff member in support of the claim.
However, counsel to LAWMA, Mr. Lekan Alabi, argued that the claimant’s documents were inconsistent and unreliable. He maintained that Mr. Alabi failed to discharge the burden of proof, stressing that special damages, including pension arrears, must be strictly proved.
In his judgment, Justice Nweneka emphasised that a party seeking declaratory relief must succeed on the strength of his own case and present credible and convincing evidence.
The judge observed that Mr. Alabi’s documents were either inadmissible, inconsistent, or unsupported by reliable proof. He further noted that no satisfactory explanation was provided for the claimant’s alleged compulsory retirement at about 30 years of age, or for discrepancies in payroll records.
Justice Nweneka added that the ₦6 million pension claim was not backed by any evidence showing salary details, pension structure, or proper computation.
“To this end, therefore, it is my considered view that the claimant has failed to establish any employment relationship with the defendant or any entitlement to pension benefits,” Nweneka said.
“Accordingly, the claims are hereby dismissed in their entirety,” he ruled.
