Pension rights for officers and men of  Nigeria Police Force

Report by Ivo Takor, mni Esq.

Vice Chairman/Chairman, Human Rights Committee, Nigerian Bar Association (NBA) Epe Branch and Director, Centre for Pension Rights Advocacy.

The imperative for granting adequate pension and retirement benefits to officers and men of the Nigeria Police Force is rooted in the fundamental principles of social justice, equity, constitutionalism, and national security.

Section 173(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) provides that “the right of a person in the public service of the Federation to receive pension or gratuity shall be regulated by law.”

This unequivocally places members of the Nigeria Police Force who are constitutionally recognized under the Third Schedule, Part I, Item L as entitled beneficiaries of pension rights, equal in stature to other public service employees.

The doctrine of non-discrimination and equal protection under the law requires that police officers, who are public servants, should not be subjected to inferior retirement conditions when compared to their counterparts in the armed forces.

Denial of adequate pensions to police personnel commensurate with what obtained in the armed forces, amounts to a violation of the constitutional guarantee of equal treatment under the law (Section 42 of the 1999 Constitution).

The Nigeria Police Force is the primary domestic law enforcement agency tasked with maintaining internal security, public order, and crime prevention. These duties expose its personnel to exceptional physical and psychological risks throughout their service.

Adequate pension is not a gratuity; it is a deferred compensation for hazardous and lifelong service to the nation. Providing sufficient pension safeguards the welfare of retired officers and sends a clear message that national service is both respected and rewarded.

An adequately funded and guaranteed pension scheme for police officers serves as a powerful deterrent against corruption and abuse of office. Officers assured of their future wellbeing are less likely to seek illicit means to secure their retirement.

Furthermore, failure to adequately care for retired officers risks creating a pool of disenfranchised and vulnerable ex-security personnel, which may become a security threat.

Globally, policing is recognized as an occupation requiring early retirement benefits due to the physical and mental toll it exacts. Countries such as the United Kingdom, Canada, and South Africa provide police with structured and sufficient pensions to ensure dignity in retirement. Nigeria must align with best global practices.

Why Police Pensions Should Remain Under the Contributory Pension Scheme

There have been growing calls, including from within the police force, for officers to be removed from the Contributory Pension Scheme. However, it’s important to also consider an alternative perspective.

Nigeria’s law enforcement officers deserve more than just gratitude they deserve a retirement system that is transparent, secure, and sustainable. That is why the current Contributory Pension Scheme (CPS) is the right path for managing police pensions, rather than returning control to the police command structure.

Under the CPS, pension funds are managed by licensed Pension Fund Administrators (PFAs) and regulated by the National Pension Commission (PenCom). This independent oversight ensures that funds are professionally handled, with regular audits, clear reporting systems, and safeguards against mismanagement.

Reverting to a system controlled internally by the police command could open doors to abuse, lack of oversight, and opaque financial practices.

Before the introduction of the CPS, many retirees, including police officers, suffered from delayed or irregular pension payments. Under CPS, contributions are regularly remitted and invested, creating a reliable pool from which retirees receive their pensions on time.

Putting pension administration back in the hands of the police could mean returning to a system plagued by inefficiencies and delays.

The CPS allows every officer to own a Retirement Savings Account (RSA) that stays with them throughout their career, regardless of postings or transfers. This personal control gives officers peace of mind, knowing their pension is not tied to bureaucracy or subject to institutional reshuffling. A police-run pension scheme risks politicizing access to benefits and compromising that sense of ownership.

The primary reason behind the ongoing agitation by members of the Nigeria Police Force to be exempted from the Contributory Pension Scheme (CPS) is the inadequacy of their retirement benefits, particularly their monthly pensions. This agitation is justifiable, given that their current retirement package does not reflect the high-risk, high-demand nature of police work.

However, the Pension Reform Act (PRA) 2014 provides several mechanisms and provisions that, if properly implemented and enforced, could help address these concerns. Below are some of the relevant provisions:

Minimum Pension Guarantee (Section 84)

The Act mandates a minimum pension for retirees who have contributed to the scheme for a minimum number of years (currently 15 years). This provision ensures that no retiree under the CPS lives below a basic income threshold. Ensuring the effective implementation of this provision, especially for low-ranking officers, could help alleviate pension inadequacy.

Group Life Insurance (Section 4(5))

Employers are required to maintain a life insurance policy for each employee under the CPS, with a value of at least three times the annual total emolument. For police officers, who face higher occupational hazards, enforcing and possibly enhancing this provision will offer greater financial protection for their families in the event of death in service.

Government Exclusive Contributions (Section 4(4))

Employers have the discretion to solely contribute for the pension of her employees. The Federal Government should assume full responsibility for contributing for police pensions under the CPS. This approach would enhance the adequacy and sustainability of police retirement benefits without disrupting the current pension system.

Gratuity Payments as Additional Benefits (4(4)(a))

The Act permits employers to pay additional benefits to employees on retirement. The Federal Government should provide police retirees with a gratuity amounting to 300% of their final annual gross pay upon retirement, while their Retirement Savings Accounts (RSAs) should be used to fund their monthly pensions.

Review of Annuity and Programmed Withdrawal Options (Section 173(3) of the Constitution and Section 39(3) of Pension Reform Act 2014

Police retirees currently receive their pensions through either programmed withdrawals managed by Pension Fund Administrators (PFAs) or through annuities provided by life insurance companies. The Government should comply with the periodic review of their monthly pensions in line with the provisions of the Constitution.

Retention of Full Salaries for Senior Officers

Senior police officers at the rank of Assistant Inspector-General (AIG) and above, who currently retire with their full salaries as pensions, should retain this benefit within the CPS framework to ensure continuity and fairness.

Administrative structure for administration of Police Pension Under the Contributory Pension Scheme

In response to calls for tailored solutions, NPF Pensions Ltd. was established in 2014 as a specialized Pension Fund Administrator for the Nigeria Police Force. This entity operates independently of the public service bureaucracy, employing experts to efficiently manage pensions while addressing the specific needs of police officers.

Conclusion

While the agitation for exemption from the CPS is grounded in real concerns, there are viable options within the Pension Reform Act 2014 that can be activated or reformed to make the system more responsive to the unique needs of police personnel.

A coordinated approach involving the National Pension Commission (PenCom), the Ministry of Police Affairs, the Office of the Inspector General of Police and the National Assembly could lead to tailored solutions that preserve the benefits of the CPS while addressing the legitimate grievances of officers.

Our police officers deserve more than promises, they deserve a pension system they can count on. Let’s protect those who protect us by protecting their future.