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The Presiding Judge, Yola Judicial Division of the National Industrial Court has ordered the Adamawa State Government and its Attorney-General to immediately pay a retiree, Rahab Danufi the liquidated sum of N1,748,087.07 (One Million, Seven Hundred and Forty-Eight Thousand, Eighty-Seven Naira, Seven Kobo) representing her outstanding gratuity.
The Court also awarded the sum of N500,000 ((Five Hundred Thousand Naira) as nominal general damages for the trauma, distress and the breach of obligations of the Adamawa State Government, and the sum of N500,000 (Five Hundred Thousand Naira) cost of action to Rahab Danufi.
From facts, the claimant- Rahab Danufi had submitted that the Adamawa State Government approved her retirement after spending 35 years in service by a Letter dated 16th April 2018 and upon her retirement, the Adamawa State Pension Board issued her the Computation of her Retirement Benefit which detailed her entitlement to the sum of N1, 748,087.07 as her gratuity, that till date she has not been paid the gratuity by the Adamawa State Government.
Rahab Danufi averred that despite many requests for the payment of her entitlement, the Adamawa State Government still not making any effort to liquidate the outstanding gratuity, and urged the Court to grant the reliefs sought.
In defence, the defendants- Adamawa State Government and its Attorney-General rest their case on the evidence of Rahab Danufi and as such, the Defendants did not lead any witness in proof of their defence.
Learned Counsel to Adamawa State Government and its Attorney-General also argued that flowing from paragraph 6 of the Claimant’s Statement of Facts and Statement on Oath, it was not the Adamawa State Government and its Attorney-General or any of its agencies that issued Computation of her Retirement Benefit to Rahab Danufi and urged the court to dismiss the case in its entirety.
In opposition, Rahab’s Learned Counsel, Bala Sanga Esq argued that the contention of the Defendants is misconceived on two fronts: first, contrary to the Adamawa State Government and its Attorney-General's assertion, the said document is signed by an officer of the Adamawa State Government, and secondly, it is certified. Learned Counsel urged the Court to discountenance the objections in their entirety.
Learned Counsel argued that the evidence adduced by her client has proved her case by establishing the contractual obligation of the Adamawa State Government for the payment of the gratuity claimed as computed in the Computation of her Retirement Benefit.
In a well-considered judgment, the presiding Judge, Justice James Agbadu-Fishim, overruled the Adamawa State Government and its Attorney-General's objection for being misplaced.
In light of the Exhibits tendered before the Court, Justice Agbadu-Fishim held that Rahab Danufi has proved the amount of her gratuity entitlement which is clearly computed by the Pension Board in the Computation of her Retirement Benefit as N1,748,087.07.
Justice Agbadu-Fishim reiterated that the Adamawa State Government and its Attorney-General cannot withhold nor deny the gratuity of Rahab Danufi under any guise or condition that is not backed by and clearly stipulated by law.
The Court stressed that Rahab Danufi, a senior citizen who put in 35 years of meritorious service working for the Defendants should not be made to face the unconscionable obnoxious unwritten policy of queue which is totally unacceptable and contrary to international labour practice, and awarded the sum of N500k in favour of Rahab Danufi for the trauma and hardship caused her.
“10% interest on the total judgment sum in this suit, after 60 days of this judgment, and interest to so continue to run until the date of liquidation of the said judgment sum by the Defendants is by order of this Honourable Court granted.” The Court ruled
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