Justice Olufunke Anuwe of the National Industrial Court has issued a stern warning to Nigerian employers, emphasizing that failure to remit or under-remitting pension contributions of employees makes them strictly liable under Nigerian law with limited legal defences.
The judge made this declaration during her presentation at the Fourth Forum of Company Secretaries and Legal Advisers in the Pension Industry, organized by the National Pension Commission (PenCom).
According to Justice Anuwe, non-remittance or under-remittance of pension contributions by employers represents one of the most frequently litigated issues in Nigeria's pension sector.
"Nigerian courts have consistently upheld the rights of PenCom and pension contributors to initiate legal proceedings to recover such funds. Statutory penalties and interest have also been enforced to ensure compliance," she stated.
The judge further emphasized that pension payment is a constitutional right, asserting that "pensioners must be paid for the service they have rendered."
On jurisdictional matters, Justice Anuwe clarified that the National Industrial Court of Nigeria (NICN) remains the appropriate court for handling pension-related disputes, noting that "this consolidation has helped streamline pension adjudication under one specialised court."
PenCom Director General, Omolola Oloworaran, commended Justice Anuwe for her presentation, acknowledging that the judge's legal interpretations continue to illuminate the evolving pension landscape in Nigeria.
Oloworaran highlighted that the judge's presence at the forum provided stakeholders with valuable insights into judicial interpretations of the Pension Reform Act (PRA).
The Director General further emphasized the significance of the forum in light of ongoing efforts to strengthen corporate governance within the pension industry and the increasing number of court rulings that are shaping pension administration in Nigeria.
This warning comes just days after PenCom issued a directive ordering Nigerian employers to comply with the contributory pension scheme, underscoring the regulatory body's commitment to ensuring adherence to pension regulations across the country.