The National Industrial Court of Nigeria, sitting in Abuja, has declared Mr Ifeanyi Ugadogwu the sole lawful recipient and surviving administrator entitled to the pension and death benefits of the late Deputy Superintendent of Police, Ugadogwu Uga.
The court ordered the immediate release of the deceased officer’s pension and death benefits to him, holding that customary law cannot override the statutory provisions governing the payment of pension benefits.
Justice Emmanuel Subilim held that Mr Ifeanyi Ugadogwu was the individual recorded by the deceased as his next of kin and the person legally entitled to receive the benefits under Section 8(2) of the Pension Reform Act 2014.
The court distinguished him from Mr Ifeanyi Okwor, who also claimed the identity of Ifeanyi Ugadogwu but was not the person recorded by the deceased as his next of kin.
The claimant told the court that he had been designated by the late DSP Uga as next of kin and had jointly obtained Letters of Administration over the deceased’s estate with the deceased’s biological brother, William Ugadogwu.
Following William Ugadogwu’s death in 2016, the claimant maintained that he became the sole surviving administrator of the estate and submitted the documents required for the processing of the pension and death benefits.
However, payment was stalled after Mr Okwor emerged and claimed to be the person recorded by the deceased as next of kin.
Mr Okwor disputed the claimant’s identity, alleging that his actual name was Fredrick Ifeanyi Aja. He also relied on customary law to argue that the deceased’s family should administer the estate.
He filed a counterclaim seeking declarations entitling him to the pension benefits or the appointment of a receiver to utilise the funds for the construction of a permanent structure in the deceased’s honour.
In their defence, NPF Pensions Limited and the other defendants explained that payment had been suspended because of competing claims over the identity of the deceased’s next of kin.
The National Pension Commission also argued that the Letters of Administration had become problematic following the death of one of the administrators and maintained that the claimant had not met all the documentary requirements for payment.
Delivering judgment, Justice Subilim found that the claimant had established his identity as the person recorded by the deceased as next of kin. The court held that his documentary evidence was compelling and largely unchallenged, while Mr Okwor failed to produce credible official records to support his assertions.
The court further held that the existing Letters of Administration remained valid until revoked by a competent court. It noted that the death of one of several administrators did not invalidate the grant, as authority vested in the surviving administrator.
On the applicable law, the court held that the Pension Reform Act 2014 provides the statutory framework for the release of pension benefits and does not recognise customary law as the basis for determining who is entitled to receive those benefits from a Pension Fund Administrator.
The court clarified that customary law may govern the eventual distribution of a deceased person’s estate among beneficiaries, but it does not determine the person entitled to receive pension benefits in the first instance.
Justice Subilim directed the National Pension Commission to grant unconditional approval within seven days for the release of the benefits and ordered NPF Pensions Limited to compute, process and pay the entitlements upon receiving the approval.
The court also restrained Mr Okwor from presenting himself as Ifeanyi Ugadogwu or taking any action capable of obstructing payment.
It awarded ₦2 million in general damages against PenCom and ₦3 million against Mr Okwor. The court further awarded costs of ₦500,000 against each of them, with post-judgment interest at 10 per cent per annum until full payment.
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