The National Industrial Court has ordered the Ekiti State Government to pay former Deputy Governor Sikiru Tae Lawal all his severance benefits, monthly stipends, and arrears from October 15, 2010 till date, ruling that the nullification of his election does not erase his right to pension.
Also, the court awarded Lawal N10 million in exemplary and aggravated damages against Governor Biodun Oyebanji, the Attorney General, and the Ekiti State Government for 8withholding his entitlements for over 14 years.
Justice E. D. Subilim gave the order while delivering judgement on April 20, 2026 in Suit No. NICN/ABJ/30/2025.
Besides, the court declared that the non-payment of Lawal’s benefits under the Ekiti State Grant of Pensions Law, 2012 as amended in 2014 and 2015, was “unlawful, illegal and unjustifiable.”
It directed the defendants to compute and pay his full pension, severance, monthly stipends with arrears, and other entitlements from October 15, 2010, plus 20% post-judgement interest annually until fully paid.
● The Dispute: Served three years, paid nothing for 14 years
Lawal was Deputy Governor to Engr. Olusegun Oni from May 29, 2007 to October 15, 2010, when the Court of Appeal in _Fayemi v. Oni_ nullified their election and installed Dr. Kayode Fayemi.
He told the court he served “meritoriously” for 3 years, 4 months, 11 days, was never impeached, and had written “several letters” demanding his pension since 2010. The state ignored him.
Lawal argued that Oni, his former principal, was receiving pension while his own was withheld, amounting to discrimination and violation of his fundamental rights. He sought N100 million damages.
Ekiti State countered that the Appeal Court’s nullification meant Lawal “was never a Deputy Governor” and the election was “void ab initio.”
The state said he was a “pretender” to the office, not validly elected, and therefore not covered by the Pension Law.
It denied paying Oni and urged the court to dismiss the suit as “frivolous and vexatious.”
● Court: “De Facto Officer” doctrine applies; state can’t eat service, reject bill
Justice Subilim identified two key questions: 1) Is Lawal entitled under the Ekiti Pension Law? 2) Does election nullification void his tenure for pension purposes?
On the first, the court held that the Ekiti State Grant of Pensions Law, 2012, amended in 2014 and 2015, applies to Lawal.
Section 1 states “any person who has held the Office of the Governor or Deputy of the State shall be entitled to the payment of pension for life.”
The phrase “has held” covers all former occupants, even those who left before 2012, the court ruled, citing beneficial construction of pension statutes.
Crucially, the 2012 Law originally barred benefits for officials removed by impeachment or court order for constitutional breach. But the 2014 and 2015 amendments deleted the “court of competent jurisdiction” disqualification.
Section 124(5) of the 1999 Constitution also provides that only impeachment disqualifies a former governor/deputy from pension.
“Since the 2014 and 2015 Law… does not specifically exclude officers whose elections were nullified, and the Claimant was not impeached for misconduct, he squarely meets the statutory criteria,” Justice Subilim held.
On the second issue, the court drew a line between electoral law and labour law.
While _Labour Party v. INEC_ and _Peter Obi v. INEC_ hold that a nullified election is void ab initio, the court invoked the “De Facto Officer Doctrine” from labour jurisprudence.
“The State cannot benefit from the services of an individual, accept the validity of their official acts, and then subsequently rely on a legal technicality to deny payment for those services,” the judge said.
The court noted Ekiti State conceded Lawal’s official acts while in office remained valid. “To treat the Claimant’s tenure as a total nullity for the purpose of benefits would lead to an absurd outcome where every executive action he took would be jeopardised.”
Citing _Onyia v. Onuaguluchi_ and Section 168(1) of the Evidence Act, the court said Lawal functioned as Deputy Governor under “colour of title” for over three years.
“The nullification of an election is a prospective termination of the right to continue to hold office, but it does not retroactively transform a period of actual, recognised, and beneficial service into a legal vacuum for the purpose of earned remuneration and pensions.”
● “Oppressive, arbitrary” — Why N10m damages
The court found Ekiti’s conduct “oppressive, arbitrary, and unconstitutional.” Justice Subilim said withholding Lawal’s pension for 14 years and ignoring demand letters showed “reckless indifference” and an attempt to “unfairly target the Claimant, perceived as a political opponent.”
“Such conduct… is inherently oppressive, arbitrary, and unconstitutional. It demonstrates a reckless indifference to the Claimant’s rights and a deliberate attempt to frustrate his legitimate entitlements,” the judgement read.
Though Lawal asked for N100 million, the court awarded N10 million as exemplary and aggravated damages to “deter similar future conduct by state actors and to underscore the sanctity of vested rights.”
● Representation
Lawal was represented by Adeboro Adamson, SAN, with Adedapo Adejumo and Tesleem Dauda. Ekiti State was represented by Acting Solicitor-General Gbemiga Adaramola.
The case was decided “on record” under Order 38 Rule 33 of the NIC Rules, a fast-track procedure for pension and salary claims where parties file documents without oral testimony.
● Implications
The judgement sets a major precedent: election nullification does not automatically strip ex-governors/deputies of pension if they served and weren’t impeached, especially where state pension laws don’t list court removal as disqualification.
It also reinforces that pension is a “vested and accrued right” under Section 210 of the Constitution and cannot be withheld.
THE CONCLAVE reports that the ruling may affect similar claims by officials removed via tribunal but who served for periods before their ouster.
Ekiti State has not indicated whether it will appeal. The judgement sum attracts 20% annual interest until paid.
