NIGERIAN PORTS AUTHORITY PENSIONERS WELFARE ASSOCIATION

28^th October, 2019

NIGERIAN PORTS AUTHORITY PENSIONERS’ WELFARE ASSOCIATION  N.P.A. SPORTS GROUND, 43 BODE THOMAS STREET, SURULERE, LAGOS.

                                    “NPA and Concerned Pensioners”: The True Story” – A REBUTTAL

The attention of the elected Executive of the Nigerian Ports Authority Pensioners’ Welfare Association has been drawn to a publication dated 9^th of October, 2019 and  captioned “NPA and “Concerned Pensioners”: The True Story”, by one Jatto A. Adams, General Manager, Corporate and Strategic Communications of the Nigerian Ports Authority, and hereby presents this REBUTTAL for Nigerians, and indeed the entire world, to have a true and accurate picture of the problems between the Nigerian Ports Authority Management and its Pensioners, for them to make a dispassionate judgement.

Formation of the N.P.A. Concerned Pensioners’ Association

The N.P.A. Concerned Pensioners’ Association, now moribund, was a transitional arrangement by the Elders’ Forum; the general body of old Pensioners that were not interested in the misguided court suits; and the 2006/2007 Pensioners.  Mr Charles Binitie had at no time led the N.P.A. Concerned Pensioners’ but what was only a spoke person to the Group.

The Association was a child of necessity, which sought to fight for the legitimate/constitutional rights and benefits of N.P.A. Pensioners that were denied by N.P.A. Management through divide and rule tactics to avoid payment of appropriate pensions, over the years.

Now, by the extinction of the N.P.A. Concerned Pensioners’ Association, we have decided to stand firmly on what rightly belongs to us, that is, the authentic leadership of the N.P.A.P.W.A. based on our emergence in the court-ordered election; and our lawyers have accordingly been briefed to set the machinery in motion for our recognition by all and sundry.

MEMEBERSHIP OF THE ASSOCIATION:

It is a known fact that ALL NPA PENSIONERS on the Authority’s Mechanized Payroll are automatic members of the NIGERIAN PORTS AUTHORITY PENSIONER’S WELFARE ASSOCIATION.

It is the common practice over the years for the management of NPA to embark on check off deductions from members remunerations WITHOUT completing any membership form. This is a verifiable fact that no PENSIONERS of the AUTHORITY EVER filled or completed any form for the past Twenty Years since 1995. This also applies to the in-serving staff and officers as it affects their IN- HOUSEUNIONS.

HARMONIZATION:

On the issue of Harmonization, as claimed by the NPA management. N.P.A stated that what it did in 2018 cannot be equated with increment of salaries, but to correct “Inherent Anomalities” in its salary scale. The exercise can be equated with harmonization of salaries. In the same vein, what N.P.A did to harmonize pensions to bring pensioners who retired on the same grade levels at par, does not constitute increment in real sense and in the true meaning of the word, as N.P.A has always claimed. Therefore, the statement that pensions were harmonized ranging from 15% - 158% is spurious. Consequently the 3% (Three percent) increment and the 15% - 158% as stated by NPA management in their publication make up whatever the pensioners are earning today which you will see in the table of pensioners Remuneration.

REMUNERATION TO SERVING EMPLOYEES VIS-À-VIS PENSIONERS

It is the view of N.P.A. Pensioners that they have never been treated fairly by N.P.A. Management on pensions increment, contrary to the position/advice of the National Salaries, Incomes & Wages Commission, and the provisions of Section 173 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended), which state that:

1.         Subject to the provisions of this constitution the right of a person in the public service of the federation to receive pension or gratuity shall be regulated by law.

2.         Any benefit to which a person is entitled in accordance with or under such law as is referred to in subsection (1) of this Section shall not be withheld or altered to his disadvantage except to such extent as is permissible under any law, including the Code of Conduct.

3.         Pensions shall be reviewed every five years or together with any Federal Civil Service Salary reviews, whichever is earlier.

The only legally and statutorily recognized Federal Government body to regulate the activities envisaged in this Section of the Nigerian Constitution is the National Salaries, Incomes & Wages Commission.

Contrary to the provisions highlighted above N.P.A management unilaterally gave a 3% pension increase without the approval of the National Salaries, Income & Wages Commission. In addition, the claim by the management of N.P.A that they have been compiling with the five years review of pension as stipulated by the constitution is CAPITAL FALSE.

The 1999 Constitution (as amended) did not state that Pensioners should form a recognized Association before asking for their Constitutional Rights and Benefits, as N.P.A. Management has always emphasized at every fora that it has a recognized group. This means that an individual Pensioner can fight for the payment of his rights and benefits.

In a letter to the N.S.I.W.C reference N.P.A./LO/ABJ/IR/AD/N9/038 dated 22^nd February, 2000, N.P.A. Management wrote to the Salaries & Wages Commission seeking clarification of circular No. SWC/S/104/S.8/25 of May 11, 1999, on “Review of Pension Rates”.

Commission replied vide reference SWC/S/04/S.8/152 dated 7^th March, 2000, that, it is the “Government policy for pension rates to be increased correspondingly whenever there is a review in the remuneration of workers”.

The Commission reiterated the above position in a circular reference SWC.04/Vol.IV/1011 dated 17^th May, 2000, also titled “Review of Pension Rates”, signed personally by the then Chairman of the Commission, Owele G.P.O. Chikelu.

(A)(a)   REVIEW OF ALLOWANCES FOR SERVING EMPLOYEES:

Between 2005 and 2007, port operations were concessioned to private operators. This exercise witnessed massive down-sizing of pensionable work-force of N.P.A.

After the down-sizing of pensionable work-force, in a letter dated 21^st January, 2008, to the Salaries & Wages Commission, N.P.A. sought approval for upward review of allowances payable to serving employees by about 400%. The Commission in line with the Monetization policy of the Federal Government conveyed approval in a letter reference SWC.78/S.2/90 dated 30^th January, 2008, to take effect from 1^st January, 2008. A total of about 32 old and additional new allowances were covered, excluding basic salaries.

While serving employees are regularly paid these 32 allowances approved by the Salaries & Wages Commission, the only 7 allowances entitled to by Pensioners were not reviewed together with the allowances entitled to by serving employees, contrary to what the Nigerian Constitution prescribes in Section 173(3), and clarification letters and circular from the Salaries & Wages Commission, even after series of representations and entreaties by Pensioners to successive N.P.A. Management.

This 3% increment is ridiculously paltry, and a crying shame when compared to the 400% increment approved for serving employees, when compared with the pensions paid by parastatals on the same “Grade A” with N.P.A. – Central Bank, N.N.P.C, N.I.M.A.S.A., etc; and when compared with the 33% general pensions increment approved by President Goodluck Jonathan’s Administration, which was the last pensions review in the public service.

B         REVIEW OF BASIC SALARIES FOR SERVING EMPLOYEES IN 2017

In 2017, N.P.A. Management approached the Salaries & Wages Commission to review upward the Basic Salaries for serving employees. The proposal was approved vide letter SWC 78/S.2/231 of 7th March, 2017 because the upward review of basic salaries in 2017 was characterized by serious overlapping or what N.P.A. referred to as “inherent anomalies” in its paid advertisement, the Management again proceeded to the Salaries &Wages Commission, and successfully got approval to progressively adjust the “inherent anomalies” in January, 2018. Arrears was paid to serving employees with effect 1st January, 2017.

It is worthy to note that whenever N.P.A. Management contemplates to review the remuneration of serving employees, it would approach the appropriate Agency, that is, the National Salaries, Incomes & Wages Commission, but for pensions, it would just unilaterally approve anything without the consent and approval of the Commission whose statutory function it is to do so. This is most unfair and unconstitutional. Despite the fact that Basic Salaries constitute remuneration that Pensioners are entitled to for upward review based on Section 173(3) of the Nigerian Constitution, as was done for serving employees, nothing was done for Pensioners in 2017, to date.

TABLE SHOWING REMUNERATION COMPARISON BETWEEN SERVING N.P.A. MANAGEMENT STAFF VIS-À-VIS PENSIONERS

We hereby state what serving N.P.A. Management staff are earning vis-à-vis what Pensioners on the same grade are paid, as follows:

A)           In-Serving Mgt. Staff Salaries Structure w.e.f. 1^st January, 2017

                           Basic P.A.            Rent P.A.                Annual Emonument            Monthly Pay

1. M.D.                21,499,061  7,166,35               N28,665,415                            ?2,388,784.58    

2. E.D.    16,537,749  5,512,580             N22,050,320                            ?1,837,526.67

3. GM (MSS 1)   13,781,450  4,593,817             N18,375,207                            ?1,531,267.25

4. AGM (MSS 2)  11,794,895 3,931,632             N15,726,527                            ?1,310,543.92

5. PM (MSS 3)     10,057,039 3,352,348             N13,409,387                           ?1,117,448.92  

6. SM (MSS 4)       8,550,954 2,850,318            N11,401,272                            ?950,106.00

7. M (MSS 5)         7,185,927 2,395,309            N9,581,236                              ?798,436.33

NOTE: The above approved figures of the N.S.I.W.C. is exclusive of furniture and annual leave allowances.

B)           Pensioners (Mgt. Staff) Pensions Structure w.e.f. 1^st January, 2016

                                        Annual Pay                                           Monthly Pay

1.         M.D.                     N5,004,000.00 p.a.                          N417,000.00 per mth.                          (cumulative)

2.         GM (MSS 1)          N3,481,254.24 p.a.                         N290,104.52 per mth                       (cumulative)

3.         AGM (MSS 2)        N3,263,477.64 p.a.                          N271,956.47 per mth.                     (cumulative)

4.         PM (MSS 3)           N2,388,328.08 p.a.                          N199,027.34 per mth.                     (cumulative)

5.         SM (MSS 4)           N1,811,956.08 p.a.                           N150,996.34 per mth.                    (cumulative)

6.         M (MSS 5)             N1,274,429.52 p.a.                           N106,202,46 per mth                     (cumulative)

It is the glaring injustice in the remuneration of serving employees’ vis-à-vis what the Pensioners are paid that necessitated the creation of the now defunct N.P.A. Concerned Pensioners in the first place to fight for the payment of appropriate pensions.

MEDICAL: We wish to make these facts known that only pensioners who retired at the age of 50 years or 30years of service as at the point of exit are only allowed to access medical. Please verify.

CONTRIBUTION OF FUNDS: No association or groups can exist without funds. Our contribution is voluntary and not compulsion. If you have your facts that we give money to your N.P.A officials or that of the N.S.I.W.C. Please show proves. Enough is enough of these unfounded allegations.

As at today, we have records that Alhaji Umar Ali Imam the one man committee have collected over 30 million (Thirty Million Naira) from the N.P.A.P.W.A account by N.P.A approval to blackmail us and seek for support.

THE BOARD: The Board erred in its decision that all communications of the Pensioners be channelled through Alhaji Umar Ali Imam the One – Man Caretaker Committee because they were not

(i) Properly informed that an election had been conducted based on the Judgement of the High Court of Lagos State, Ikeja, Lagos.

(ii) That there is a subsisting National Executive of N.P.A.P.W.A. led by Mr. Charles Ayo Binitie as National President.

For these two reasons the Board was ignorant of the true position of N.P.A.P.W.A leadership that is why they wrote that letter to the caretaker committee.

CONCLUSION

We as Senior Citizens, have decided to limit our response to the issues raised in the aforementioned publication/press statement made by NPA titled NPA and Concerned Pensioners of October 9, 2019. There is an adage that says “Those Who Live In Glass House Should Not Throw Stones.”We have tried as much as possible to remain within the content of the publication.

We are soliciting the PATH OF PEACE and DIALOGUE to resolve all issues out of public domain. STOP PUBLIC PROTEST and PRESS WAR. It will do us no good.

We hereby make it clear that 7days after this publication, if necessary actions are not taken, we have no other alternative than to commerce on an INDEFINITE PEACEFUL PROTEST that may disrupt Port Operations Nationwide. We do not plan to destroy what we have built over the years.

We all belong to the NPA family (The Glass House) and we must not pull down the Glory by Press war.

NPA POLICE COMMANDS (WESTERN AND EASTERN COMMANDS). Please take note.

Mr. Charles A. Binitie

President, N.P.A.P.W.A.

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