Police Tear-gas Elderly Pensioners, Falana Demands Justice
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 officers involved.
The pensioners had gathered at the Lagos State Government Secretariat and the House of Assembly complex to press for outstanding pension adjustments and wage awards before the police intervention dispersed the protest.
The development came amid a prolonged dispute between retired Lagos public servants and the state government over pension increases, consequential adjustments and wage awards which the retirees say remain unpaid.
The pensioners are, however, expected to meet Governor Babajide Sanwo-Olu later in the week, after the protest reportedly attracted the attention of the Governor’s Office. The proposed meeting is expected to provide an opportunity for the retirees to present their demands directly to the governor and seek a resolution to the outstanding issues.
But the deployment of tear gas has shifted attention to the conduct of the police, with Falana arguing that the pensioners were exercising a constitutionally protected right to peaceful assembly.
In a statement on Monday, Falana condemned the disruption and called on the Inspector-General of Police to identify and prosecute the officers responsible.
He said the Court of Appeal judgment in Inspector General of Police v All Nigerian People Party (2008) affirmed the right of Nigerians to organise rallies and demonstrations without first obtaining 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 recognised and deeply entrenched in the system of governance in civilised 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 further argued that the legal framework governing the police imposed an obligation on officers to protect peaceful gatherings rather than disperse them.
He cited Section 4 of the Nigeria Police Force Establishment Act 2020, which, according to him, requires the police officer responsible for an area where a rally, meeting or procession is taking place to mobilise personnel 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.
The Chairman of the Lagos State chapter of the Nigeria Union of Pensioners Contributory Pension Scheme, Michael Omisade said the demonstration recorded participation by several hundreds of retirees and had achieved its immediate objective despite the disruption.
He said representatives of the Lagos State Commissioner of Police later met with the pensioners and apologised for the disarray that followed the police intervention.
According to him, the governor, who was out of Lagos, also sent his Chief of Staff to meet with the protesters.
The Chief of Staff, he said, held what he described as a compassionate discussion with the pensioners and asked them to return to Alausa on Thursday for a meeting with Sanwo-Olu over their outstanding demands.
The development comes as the National Pension Commission opened discussions with the Lagos State Government and the Lagos State Pension Commission to address concerns over delayed pension increases and wage awards for retirees under the Contributory Pension Scheme.
PenCom disclosed this in a statement issued on Monday following concerns raised by pensioners in Lagos State over delays in implementing approved adjustments to their retirement benefits.
The commission said it recognised the financial importance of ensuring that retirees received all benefits due to them and acknowledged concerns arising from delays in implementing pension adjustments.
“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 statement said.
According to the pension regulator, engagements are ongoing with the Lagos State Government and LASPEC over the administration of pensions under the CPS, particularly the extension of appropriate adjustments 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 development comes amid concerns among Lagos retirees over the implementation of pension increases and wage awards, with affected pensioners seeking clarity on when adjustments would be reflected in their benefits.
PenCom explained that implementing pension increases under the CPS required several processes before payments could be made.
It listed the processes to include establishing which retirees qualified for the adjustments, determining the applicable increases, calculating the actuarial liabilities arising from the changes and identifying funding requirements.
The process also requires the provision of relevant data and instructions 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,” the commission explained.
It added that it was engaging relevant stakeholders to ensure that the outstanding processes were properly resolved.
The commission, however, did not provide a timeline for the conclusion of the engagements or indicate when affected retirees could expect the pension increases and wage awards to be implemented.
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 also reiterated 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.
Under the Contributory Pension Scheme, retirement benefits are funded through contributions accumulated in individual Retirement Savings Accounts and managed by licensed PFAs, while PenCom regulates and supervises the pension industry.
For state governments participating in the scheme, the payment of pension liabilities and implementation of benefit adjustments depend partly on the fulfilment of funding obligations by the respective governments.
