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Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has called for the arrest and prosecution of police officers accused of using tear gas to disperse pensioners protesting at Alausa, Lagos.
The retirees had gathered at the Lagos State Government Secretariat and the State House of Assembly complex on Monday to demand the payment of outstanding pension adjustments and wage awards.
The protest was reportedly disrupted after police officers deployed tear gas, forcing the pensioners to disperse.
Falana condemned the action, arguing that the retirees were exercising their constitutional right to peaceful assembly and protest.
In a statement, the lawyer urged the Inspector-General of Police to identify the officers involved and ensure that they are prosecuted.
Falana cited the 2008 Court of Appeal judgment in Inspector General of Police v All Nigerian People Party, which affirmed the right of Nigerians to organise rallies and demonstrations without obtaining a police permit.
“A rally or placard carrying demonstration has become a form of expression of views on current issues affecting government and the governed in a sovereign state.”
He also cited the Nigeria Police Force Establishment Act 2020, arguing that the police have a duty to provide security for peaceful gatherings rather than violently disperse them.
According to Falana, Section 4 of the Act requires the police officer responsible for an area where a rally, meeting or procession is taking place to mobilise personnel to protect the gathering.
He described the incident at Alausa as a violation of the retirees’ rights and criticised the use of force against pensioners demanding their entitlements.
“The violent disruption of the peaceful rally of pensioners at Alausa, Ikeja, Lagos State is a complete violation of the rights of the protesters to assemble and protest against the failure of the Lagos State Government to pay their pension as and when due.”
Falana further described the police action as “a provocative breach” of the Police Establishment Act.
“We call on the Inspector-General of Police to arrest and prosecute the police officers who violently disrupted the peaceful rally and thereby inflicted intentional physical bodily injury on the protesters without any legal justification whatsoever.”
The Chairman of the Lagos State chapter of the Nigeria Union of Pensioners Contributory Pension Scheme, Michael Omisande, said several hundred retirees participated in the protest.
Omisande said the protest achieved its immediate objective despite the disruption, adding that representatives of the Lagos State Commissioner of Police later met with the pensioners and apologised for the disorder that followed the police intervention.
He also said Governor Babajide Sanwo-Olu, who was away from Lagos at the time, sent his Chief of Staff to meet the protesters.
According to Omisande, the Chief of Staff held discussions with the pensioners and asked them to return to Alausa on Thursday for a meeting with the governor to address their demands.
The protest comes amid a separate intervention by the National Pension Commission over complaints concerning delayed pension increases and wage awards for Lagos retirees under the Contributory Pension Scheme.
PenCom said it had commenced engagements with the Lagos State Government and the Lagos State Pension Commission on the administration of pensions under the scheme.
The commission acknowledged the concerns raised by retirees and said it understood the importance of ensuring that pensioners receive all benefits legitimately due to them.
“PenCom recognises the importance of ensuring that retirees receive all benefits legitimately due to them and appreciates the concerns arising from delays in the implementation of any approved pension adjustments.”
PenCom explained that implementing pension enhancements under the CPS involved determining eligible retirees, calculating the applicable adjustments and assessing the resulting actuarial liabilities and funding requirements.
It also requires the provision of relevant data and instructions to Pension Fund Administrators and other pension operators responsible for implementing the adjustments.
The commission said it would continue discussions with the Lagos State Government, LASPEC, PFAs and pensioners’ representatives in an effort to resolve the outstanding issues.
“PenCom will continue to work with the Lagos State Government, LASPEC, PFAs, and representatives of pensioners toward a transparent, orderly, and sustainable resolution of the issues.”
However, the commission did not give a specific timeline for the conclusion of the process or payment of the outstanding adjustments and wage awards.
The dispute centres on pension increases, consequential adjustments and wage awards that affected retirees say have not been fully implemented.
