Police tear gas reportedly disrupted a pensioners’ protest in Alausa, Lagos, on Monday, prompting human rights lawyer Femi Falana (SAN) to demand the arrest and prosecution of the operatives involved.
The pensioners had congregated at the Lagos State Government Secretariat and the House of Assembly complex to demand outstanding pension adjustments and pay awards before the police intervened.
The development occurred amid a long-running disagreement between former Lagos public employees and the state administration about pension hikes, consequential adjustments, and wage awards, which the pensioners claim remain unpaid.
The pensioners are set to meet with Governor Babajide Sanwo-Olu later this week after the demonstration apparently drew the attention of the governor’s office. The suggested conference is supposed to allow pensioners to convey their concerns directly to the governor and seek a resolution to pending issues.
However, the use of tear gas has drawn attention to the police’s conduct, with Falana claiming that the retirees were exercising a constitutionally protected right to peaceful assembly.
Falana decried the interruption in a statement issued on Monday, urging the Inspector-General of Police to identify and prosecute the policemen involved.
He stated that the Court of Appeal decision in Inspector General of Police v. All Nigerian People Party (2008) maintained Nigerians’ right to organize rallies and protests without first getting a police permit.
Quoting the judgment, Falana said Adekeye JCA held that “a rally or placard-carrying demonstration has become a form of expression of views on current issues affecting government and the governed in a sovereign state.
“It is a trend recognized and deeply entrenched in the system of governance in civilized countries—it will not only be primitive but also retrogressive if Nigeria continues to require a pass to hold a rally.
“We must borrow a leaf from those who have trekked the rugged path of democracy and are now reaping the dividend of their experience.”
Falana also stated that the legal system guiding the police required cops to defend peaceful demonstrations rather than disperse them.
He referenced Section 4 of the Nigeria Police Force Establishment Act 2020, which states that the police officer in charge of an area where a demonstration, meeting, or procession is taking place must mobilize officers to provide security for the gathering.
“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,” Falana said.
He described the police action as “a provocative breach” of Section 83(4) of the Police Establishment Act, insisting that the officers could not justify the use of force against retirees exercising their right to protest.
“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.
Michael Omisande, chairman of the Lagos State Chapter of the Nigeria Union of Pensioners Contributory Pension Scheme, stated after the protest, saying the demonstration drew hundreds of pensioners and achieved its immediate goal despite the disruption.
He said representatives from the Lagos State Commissioner of Police later met with the pensioners to apologize for the chaos caused by the police intervention.
According to him, the governor, who was out of Lagos, also dispatched his chief of staff to speak with the demonstrators.
He said the chief of staff had a compassionate chat with the retirees and requested them to return to Alausa on Thursday to speak with Sanwo-Olu about their pending demands.
The development comes as the National Pension Commission begins discussions with the Lagos State government and the Lagos State Pension Commission to address complaints over delayed pension increases and pay awards for retirees under the Contributory Pension Scheme.
PenCom acknowledged this in a statement made on Monday in response to concerns voiced by Lagos State pensioners over delays in applying approved modifications to their retirement payments.
The panel noted the financial imperative of ensuring that retirees received all benefits owing to them and expressed concerns about delays in implementing pension adjustments.
“PenCom recognizes 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 statement said.
According to the pension regulator, discussions are ongoing with the Lagos State Government and LASPEC over the management of CPS pensions, notably the extension of necessary modifications to eligible retirees.
“PenCom has engaged with the Lagos State Government and the Lagos State Pension Commission on matters related to administering pensions under the CPS, including the need to extend appropriate pension adjustments to eligible CPS retirees,” it stated.
The revelation comes amid concerns among Lagos retirees about the implementation of pension increases and pay awards, with impacted pensioners wanting to know when changes would be reflected in their benefits.
PenCom explained that implementing pension increases under the CPS necessitated multiple steps before payments could be made.
It described the steps, which included determining whether retirees were eligible for the adjustments, computing the appropriate increments, calculating the actuarial liabilities resulting from the changes, and determining financial requirements.
The process also necessitates the distribution of essential data and instructions to pension fund administrators and other pension operators in charge of implementing the changes.
“Implementing pension enhancements involves determining eligibility, applicable adjustments, actuarial liability, funding, and providing relevant data and instructions to the pension operators,” the panel stated.
It stated that it was working with appropriate parties to ensure that the remaining processes were properly resolved.
The commission, however, did not specify a timetable for the engagements’ conclusion or when impacted retirees may expect the pension hikes and pay awards to take effect.
PenCom said resolving the matter would require collaboration among the state government, LASPEC, PFAs, and pensioners’ representatives.
“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,” the statement added.
The commission emphasized its responsibility to protect workers and retirees participating in the pension system, saying it would continue to exercise its regulatory and supervisory powers to ensure that pension obligations were administered in accordance with existing laws.
“PenCom remains committed to protecting the interests of pension contributors and retirees and will continue to exercise its regulatory and supervisory mandate to ensure compliance with applicable pension laws and regulations,” it said.
Retirement benefits under the Contributory Pension Scheme are supported by contributions accumulated in individual retirement savings accounts, which are handled by licensed PFAs, while PenCom controls and oversees the pension industry.
For state governments that participate in the program, the payment of pension liabilities and the implementation of benefit changes are contingent on the respective governments meeting their financing requirements.
