The Complete 2004 Laws of Nigeria

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SECTION

1. Transfer of responsibility for the administration and payment of pension of Federal Judicial Officers.

2. Law applicable to the pension rights of the Federal Judicial Officers.
3. Authentic age of judicial officers and notice of retirement.
4. Annual budgetary request for pension liability purposes.
5. Interpretation.
6. Citation.

FEDERAL JUDICIAL OFFICERS (ADMINISTRATION OF PENSIONS) ACT

An Act to transfer the responsibility and administration of pension of Federal Judi- 
cial Officers from the Department of Establishments in the Office of Head of 
Civil Service of the Federation to the National Judicial Council; and for related 
matters.

[2007 No. 52.]

[16th April, 2007]

[Commencement.]

ENACTED by the National Assembly of the Federal Republic of Nigeria.

1. Transfer of responsibility for the administration and payment of pension of Fed- 
eral Judicial Officers

(1) As from the commencement of this Act, the responsibility for the administration
and payment of pension to any Federal Judicial Officer who had retired before or will
retire after the commencement of this Act from the Judicial Service of the Federal Re-
public of Nigeria, is hereby transferred to the National Judicial Council.

(2) In that regard, as from the commencement of this Act, the payment of pension of
a retired or retiring Federal Judicial Officer shall no longer devolve on, be administered
or paid by the Department of Establishments in the Office of the Head of the Civil Ser-
vice of the Federation or any other department, by whatever name called, which before
the commencement of this Act was charged with such responsibility.

(3) The Department of Establishments in the office of the Head of Service of the
Federation shall, within three months from the commencement of this Act, transfer to the

National Judicial Council all records, files and other documents connected with the ad-
ministration and payment of pension of Federal Judicial Officers.

2. Law applicable to the pension rights of the Federal Judicial Officers

The provisions of the Pension Rights of Judges Act shall continue to apply and the
Pensions Reform Act shall continue to apply and shall, in addition to this Act, regulate
the pension right of Judges in accordance with the provisions of the Act, where such pro-
visions are not in conflict with section 291 of the Constitution of the Federal Republic of
Nigeria, 1999.

[Cap P4, Cap. P5.]

3. Authentic age of judicial officers and notice of retirement

(1) From the commencement of this Act, the retiring age of a judicial officer shall be
determined by the age submitted by him upon entering the Civil Service or the Judicial
Service of the Federation or a State, as the case may be.

(2) A judicial officer shall serve on the National Judicial Council a notice of retire-
ment not less than three months of his intention to retire.

4. Annual budgetary request for pension liability purposes

The National Judicial Council shall include the pension requirements of retired or re-
tiring judicial officers in the annual budget submitted to the National Assembly.

5. Interpretation
   In this Act-

"judicial officer" means ajudicial officer of the Federation and includes-

                               (a)       the Chief Justice of Nigeria;

                               (b)       the Justice of the Supreme Court;

                                (c)       the President or a Justice of the Court of Appeal;

                               (d)       the Chief Judge or a Judge of the Federal High Court;

              (e)       the Chief Judge or a Judge of the High Court of the Federal Capital Territory, Abuja;

                                (f)       the President and a Judge of the National Industrial Court;

              (g)      the Grand Kadi or a Kadi of the Sharia Court of Appeal of the Federal Capital
Territory, Abuja; and

              (h)      the President or a Judge of the Customary Court of Appeal of the Federal
Capital Territory, Abuja;

"pensions" includes gratuities and other retirement benefits payable to any Federal
Judicial Officer upon retirement under this Act.