Hon. Justice Olufunke Anuwe of the Abuja Judicial Division of the National Industrial Court has dismissed the entitlements claim filed by one Khalifa, substituted for late Adamu against the Nigeria Maritime Administration and Safety Agency, Minister of Transport and the Attorney General of the Federation for lack of proof.
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The Court held that the Nigeria Maritime Administration and Safety Agency, and the Minister of Transport have established that late Adamu’s gratuity was computed using his last salary at retirement and the percentage required for the computation and arrears of his pension from October 2008 to June 2020 have since been paid to him in full.
Justice Anuwe ruled that Adamu, although a Top Management Staff member in his position of Director was compulsorily retired before he reached the age of retirement, and not entitled to the additional terminal benefit of a vehicle provided in the Conditions of Service.
From facts, the claimant- Khalifa had submitted that the employment of late Adamu subsisted until July 2012 when he attained the mandatory retirement age of 35 years and accordingly entitled to be paid the salaries, allowances and other entitlements or benefits due to him from December 1999 when he was retired from service up to the date he attained the mandatory retirement age of 35 years of service in July 2012.
Khalifa averred that the Nigeria Maritime Administration and Safety Agency however, disobeyed and refused to comply with all the directives Federal Ministry of Transport, Office of the Head of Civil Service of the Federation, Office of the Secretary to the Government of the Federation and the National Assembly directing the Nigeria Maritime Administration to reinstate him and pay him all his salaries, allowances and benefits.
In defence, the defendants- Nigeria Maritime Administration and Safety Agency, Minister of Transport and the Attorney General of the Federation averred that the reinstatement order of Adamu by several persons and institutions was done in error, as the issue relating to Adamu’s retirement had long been decided by the Federal Ministry of Transport.
In a letter dated 16th June 2004, the Minister of Transport approved the retirement benefits of Adamu and directed that Adamu be paid his retirement benefits and pension, which the Nigeria Maritime Administration and Safety Agency immediately complied with.
The Nigeria Maritime Administration and Safety Agency, and the Minister of Transport opined further that Adamu, who was compulsorily retired before reaching the retirement age or 35 years in active service as a result of allegations of misconduct, is not entitled to this benefit.
The Nigeria Maritime Administration and Safety Agency and the Minister of Transport contended that the court lacks jurisdiction to entertain the suit following the death of the original claimant. Learned counsel for the 1st and 2nd defendants argued that the cause of action of the original claimant was with respect to his employment contract with the 1st defendant and cannot survive the death of the original sole claimant. The court was urged to strike out the case.
In a well-considered judgment, the Presiding Judge, Justice Olufunke Anuwe, held that the reliefs sought by the deceased original claimant were mainly for his entitlements and benefits after he retired from the service of the 1st defendant and that the reliefs survive him, which warranted the grant for the substitution to enable his next-of-kin to continue the suit.
The Court reasoned that Adamu did not challenge the validity of his compulsory retirement in the suit, which means that he had no intention to have the retirement voided by this court.
Justice Anuwe stated that there is no provision in the NIMASA Act which subjects the decision of the NIMASA with respect to its employees to the control or directives of the Federal Ministry of Transportation, Office of the Head of Civil Service of the Federation, Office of the Secretary to the Government of the Federation or the National Assembly.
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