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Hon. Justice Isaac Essien sitting in Makurdi Judicial Division of the National Industrial Court has ordered the Government of Benue State, Bureau of Pensions and State Attorney General to pay Mrs Otigbo the sum of N6,869,622.00 (Six Million Eight Hundred and Sixty Nine Thousand, Six Hundred and Twenty Two Naira) only as death benefits of her late husband late Otigbo Linus.
The Court awarded the sum of Two Million Naira (N2,000.000.00) for the sufferings, untold hardship, pains and psychological trauma the Government of Benue State, Bureau of Pensions and Attorney General of Benue State have caused Mrs. Otigbo.
Justice Essien ordered that the sum awarded shall attract interest at the rate of 5% from the judgment date until the sum is fully liquidated.
From the facts, the claimant, Mrs Otigbo, submitted that she is the widow, next of kin, and Administrator of the Estate of the late Linus.
Mrs. Otigbo stated that her late husband was employed by the Benue State Government on pensionable appointment dated 11/3/1987, and was promoted up to grade level 10 officer in the Ministry of Lands & Survey until he died in active service on 20/2/2016.
She posited that all efforts to get her late husband's death benefit were to no avail, and urged the Court to grant the reliefs sought in the interest of justice.
However, the defendants- Government of Benue State, Bureau of Pensions and State Attorney General did not enter a defence to the action despite being served with the Court processes and hearing notices.
In addition, Mrs Otigbo’s counsel, A. O. Aruta Esq also claimed general damages in the sum of N20,000,000 (Twenty Million Naira) for the failure, neglect and or refusal of the Government of Benue State to pay late Osigbo’s pension and gratuity entitlements that have caused and is causing Mrs. Otigbo and the other beneficiaries of the Estate of the deceased Otigbo Linus untold hardship, psychological trauma and economic hardship.
In a well-considered judgment, the Presiding Judge, Justice Isaac Essien held that where the evidence in support of a party’s case remains unchallenged, a court can safely rely on it and act on it as proof of facts before the court.
The Court entered judgment in favour of Mrs. Otigbo against the Government of Benue State, Bureau of Pensions and the State Attorney General in the sum of N6,869,622.00, being the death benefit of late Otigbo Linus.
Justice Essien found that the failure of the Government of Benue State to pay late Linus Otigbo’s death benefits when it became due on 18/5/2017 as shown on the computation of death benefit has caused untold hardship to the dependants of the late Linus Otigbo who died in active service and awarded the sum of N2,000,000 as general damages to the Mrs. Otigbo.
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