His Lordship, Hon. Justice Zaynab Bashir of the Portharcourt Judicial Division of the National Industrial Court has dismissed the case filed by former councillors Hon. Nweze LoveGod and 2 others against Ahoada East Local Government Council of Rivers State on entitlements claim in its entirety for lacking merit.
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The Court held that the former councilors failed to present particulars of the sums claimed and same leaves a dent on the success of their case in addition to the failure to present the body of law under which their statutory claim is made.
From facts, the claimants had submitted that they were former elected Councilors in the AHOADA EAST LOCAL GOVERNMENT and therefore entitled to N26,861,670.88k as severance gratuity and benefits by virtue of the provisions of the Rivers State Public and Political Officer Holders’ Salaries; Allowances and Benefits Law but the said monies were not paid by the Local government council.
In defence, the Defendant- AELGC submitted that it is not the Council that is responsible to make the payment that the issue of non-payment of severance benefits to Ex-political officer holders affects all Local Government Council in Rivers State, insisted that the Council are not liable to pay for the claims of the claimants added that the list of those who are owed have been submitted to the Governor urged the court to dismiss the suit for being frivolous and abuse of court process.
In opposition, learned Counsel to the claimants E.I. Ahiakwo Esq with B.E. Cheetan Esq contended that local government is entitled to pay political office holders who have completed their tenure in that local government council and that the law made reference only to the local government and not the state government.
Learned Counsel to the Council, G. C. Onuoha Esq, with V.N. Ihua-Maduenyi Esq and C.W. Amachree Esq argued further that Claimants who claimed entitlement never mentioned any section of the said law that compels or empowers the council to execute any part of the said Rivers State public and political office holders’ salaries, allowance and fringe benefit law.
Delivering Judgment, the presiding Judge Justice Zaynab Bashir held that Claimant did not present the provisions of the law under which it claims to be entitled to the terminal benefits claimed, to enable the court to ascertain the liability of the Defendant in the payment of same.
“However, I am mindful of the fact that the Defendant admitted that all the Claimants including 1st and 3rd Claimant were past Councilors and they are entitled to terminal benefits under the Rivers State Public and Political Office Holders’ Salaries Allowances and Fringe Benefits Law 2007 (as amended). In this regard, I am not oblivious of the position of the law that facts admitted needing no proof.
“I must quickly state at this juncture that notwithstanding the fact that the claim of the Claimants is statutory and the Defendant having acknowledged their entitlement to the terminal benefit payable by the state government, the sum sought to be ordered for payment by the Claimants is a specific sum which must be specifically proven as it requires specific particularization in pleadings and strict proof by evidence.
“Having painstakingly evaluated the said exhibitCW1(b) along with other exhibits, I must state that the Claimants who have the burden of proof have failed to proffer sufficient evidence before this court, thereby falling short of the requirement of proof, as the said Exhibit CW1(b) is not linked in any way with the specific sums claimed for each claimant to bring about a total of N26, 861,670.88k.”
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