The use of tear gas to disperse protesting pensioners in Alausa, Lagos State, has drawn condemnation from human rights lawyer Femi Falana, SAN.
The pensioners had gathered at the Lagos State Government Secretariat and the House of Assembly complex on Monday to demand outstanding pension adjustments and wage awards.
However, the police intervention disrupted the protest and dispersed the retirees. The incident has now triggered calls for the officers involved to face prosecution.
Falana demands action against police officers
Falana condemned the police action in a statement on Monday and urged the Inspector-General of Police to identify and prosecute the officers responsible.
The Senior Advocate of Nigeria argued that the pensioners were exercising their constitutional right to peaceful assembly.
He cited a 2008 Court of Appeal judgment in Inspector General of Police v All Nigerian People Party. According to Falana, the judgment affirmed the right of Nigerians to organise rallies and demonstrations without first obtaining a police permit.
Falana also cited Section 4 of the Nigeria Police Force Establishment Act 2020. He said the law requires police officers to provide security for rallies, meetings and processions rather than disrupt peaceful gatherings.
“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 the Police Establishment Act. Falana further urged the Inspector-General of Police to arrest and prosecute the officers who disrupted the protest.
Pensioners demand unpaid adjustments
The protest followed a prolonged dispute between retired Lagos public servants and the state government.
The retirees are seeking the implementation of outstanding pension increases, consequential adjustments and wage awards. They have also raised concerns about delays in reflecting approved changes in their retirement benefits.
Michael Omisande, Chairman of the Lagos State chapter of the Nigeria Union of Pensioners Contributory Pension Scheme, said several hundred retirees took part in the demonstration.
He said the pensioners still achieved their immediate objective despite the disruption.
According to Omisande, representatives of the Lagos State Commissioner of Police later met with the pensioners and apologised for the disorder that followed the police intervention.
The governor was reportedly out of Lagos at the time. His Chief of Staff therefore met with the protesters and held what Omisande described as a compassionate discussion with them.
The Chief of Staff also asked the pensioners to return to Alausa on Thursday for a meeting with Governor Babajide Sanwo-Olu.
PenCom begins talks with Lagos Government
Meanwhile, the National Pension Commission has opened discussions with the Lagos State Government and the Lagos State Pension Commission over the delayed pension adjustments.
PenCom disclosed this in a statement issued on Monday. The commission said it was responding to concerns raised by Lagos pensioners over the implementation of approved increases and wage awards.
The regulator acknowledged the importance of ensuring that retirees receive all benefits due to them. It also said delays in implementing approved pension adjustments had created concerns among affected retirees.
According to PenCom, the process involves several steps before pension increases can take effect. These include determining eligible retirees, calculating the applicable adjustments and assessing the resulting actuarial liabilities.
The authorities must also identify funding requirements and provide the necessary data and instructions to Pension Fund Administrators and other pension operators.
PenCom said it was working with the Lagos State Government, LASPEC, PFAs and pensioners’ representatives to resolve the outstanding issues.
However, the commission did not provide a timeline for completing the process. It also did not say when affected retirees would begin receiving the outstanding pension increases and wage awards.
Pensioners await meeting with Sanwo-Olu
The planned meeting with Sanwo-Olu could provide another opportunity for the retirees to present their demands directly to the governor.
For the pensioners, the dispute goes beyond delayed payments. They are also seeking clarity on when approved adjustments will reflect in their benefits.
PenCom said state governments participating in the Contributory Pension Scheme have responsibilities regarding pension liabilities and benefit adjustments.
The commission also reiterated its regulatory responsibility to protect pension contributors and retirees. It said it would continue to use its supervisory powers to ensure compliance with pension laws.
The pensioners are now expected to return to Alausa on Thursday for the proposed meeting with the governor, while Falana has called for accountability over the police action that disrupted their protest.
Read also: Pensioners protest unpaid arrears, benefits at Lagos House
