The Presiding Judge, Yola Judicial Division of the National Industrial Court, Hon. Justice Agbadu Fishim has ordered the Adamawa State Government and its Attorney General to immediately pay former Executive Chairman of the Adamawa State Universal Basic Education Board, Mr Hassan Gabdo, the total liquidated sum of N11.6m representing unpaid furniture allowance, severance gratuity, and leave allowance.
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Justice Fishim ordered the sum of N4m unpaid Furniture Allowance, N4m unpaid Severance Gratuity, N1.6m unpaid Leave Allowances, N1m exemplary damages for trauma, distress, and breach of obligations by the Adamawa State Government, and a further N1,000,000 as cost of action in favour of Mr Hassan.
From facts, the claimant, Mr Hassan, had submitted that he was appointed as Executive Chairman of the Adamawa State Universal Basic Education Board in August 2015. Upon completion of his tenure, the Adamawa State Government failed to pay his furniture allowance, leave allowance, and severance gratuity, despite repeated demands.
In defence, Adamawa State Government and its Attorney General did not file a statement of defence, did not call any witnesses, and elected to rest its case entirely on the evidence of Mr Hassan.
In a well-considered judgment, Justice J.T. Agbadu Fishim held that Mr Hassan Gabdo had successfully discharged by credible and unchallenged evidence as required by law to prove his entitlement to the reliefs sought.
The Court posited that the Adamawa State Government and its Attorney General cannot withhold or deny the severance gratuity of Mr Hassan under any guise or condition that is not backed by law.
Justice Fishim held that where documentary evidence is unchallenged and uncontroverted, the Court is entitled to act on it, and that the silence of the defendants in the face of a specific monetary demand further strengthened the claimant’s case.
Justice Fishim further held that the Adamawa State Government cannot lawfully withhold or deny the severance gratuity and allowances of a former public office holder where such entitlements are clearly stipulated by contract and law.
On damages, the Court found the conduct of the Adamawa State Government in withholding the severance gratuity of Mr Hassan after expiration of his tenure, as well as failure to pay his entitled Furniture and Leave Allowance, without any lawful justification, to be unacceptable, reprehensible conduct of an employer to an appointee who indeed and truthfully laboured to serve the employers.
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Authored by Ben Ijeoma Adigwe Esq., ACiarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
