SECTION

1.    Pension rights of the Chief Justice of Nigeria.

2. Pension rights of Judges.
3. Incapacitated judicial officer.
4. Interpretation.
5. Short title.

An Act to provide for the retirement benefits of Judges.
[1991 No. 62.1991 No. 29.]

[1st January, 1985]

[Commencement.]

1. Pension rights of the Chief Justice of Nigeria

A person holding the office of the Chief Justice of Nigeria shall, if he retires in pen-
sionable circumstances, whether or not he has held office as a judicial officer for not less
than fifteen years, be entitled to pension for life at a rate equivalent to his last annual sal-
ary plus his consolidated allowances and the annual salaries of four of his domestic staff
in addition to any other retirement benefits to which he may be entitled.

[1991 No. 62. 1991 No. 29.]

2. Pension rights of Judges

(1) A person other than the Chief Justice of Nigeria, who has held office as a judicial
officer for a period of not less than fifteen years shall be entitled to pension for life at a
rate equivalent to his last annual salary plus his consolidated allowances and the annual
salaries of four of his domestic staff in addition to any other retirement benefits to which
he may be entitled.

[1991 No. 62. 1991 No. 29.]

(2) A person who has held office as a judicial officer, other than the Chief Justice of
Nigeria, for a period less than fifteen years shall be entitled to pension for life at a rate
pro rata the number of years he served as a judicial officer in relation to the period of
fifteen years or to the pension and other retirement benefits to which he is entitled under
his terms and conditions of service, if any, whichever is the higher.

[1991 No. 62. 1991 No. 29.]

 (3) A person, other than the Chief Justice of Nigeria, who had held office as a judicial
officer for a period less than fifteen years, and who is not otherwise entitled to pensions
under the foregoing provisions of this section, shall on retirement be entitled to pensions
calculated on the basis of the more favourable of the following options, that is to say-

             (a)        pensions calculated on the basis of the relevant provisions of the Pensions Act
which allow for the aggregation of the total length of service as a judicial offi-
cer and any other pensionable service in the public service of the Federation or
a State; and

             (b)        pension for life calculated at a rate pro rata the number of years he served as a
judicial officer in relation to the period of fifteen years.

3. Incapacitated judicial officer

(1) A judicial officer, incapacitated in the course of his duty who is not otherwise
qualified for pension under section 1 or subsection (1) of section 2 of this Act, shall be
entitled to pension for life at a rate equivalent to his last annual salary in addition to any
other benefits to which he may be entitled under subsection (3) (a) of section 2 of this
Act.

[1991 No. 29. 1991 No. 62.]

(2) For the avoidance of doubt, the provisions of subsection (1) of this section and of
sections 1 and 2 of this Act shall be the basis for calculating the pension of a judicial offi-
cer whether or not he retired before or retires after the commencement of this Act.

[1991 No. 62.]

4. Interpretation

In this Act, unless the context otherwise requires-

"judicial officer" has the meaning assigned thereto by section 318 (1) of the Consti-
tution, that is to say, the holder of the office of the Chief Justice of Nigeria, a Justice of
the Supreme Court or the President or Justice of the Court of Appeal, the office of the
Chief Judge or a Judge of a High Court, a Grand Kadi or Kadi of the Sharia Court of Ap-
peal of a State, or President or a Judge of the Customary Court of Appeal of a State;

"Constitution" means the Constitution of the Federal Republic of Nigeria 1999.

[Cap. C23.]

5. Short title

This Act may be cited as the Pension Rights of Judges Act.