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The Presiding Judge, Yola Judicial Division of the National Industrial Court, Hon. Justice James Agbadu-Fishim has ordered Adamawa State Government and its Attorney-General to pay former member of the Adamawa State Hospital Services Management Board, Hon. Simon the sum of N3,750,330 as Furniture Allowance, N3,750,330 as Severance Gratuity, and N500,044 as Leave Allowances due to him as entitlement claims.
The Court declared the withholding the entitlements due to Hon. Simon as unjustifiable and contrary to established labour practices, and that Adamawa State Government and its Attorney-General have proffered no justification for the non-payment of Hon. Simon’s gratuity and allowances.
From facts, the claimant, Hon. Simon had submitted that he was appointed a Member of the Adamawa State Hospital Services Management Board by the Adamawa State Government in February 2015 and served in that capacity until the expiration of his tenure, but was not paid his Furniture Allowance, Leave Allowances and Severance Gratuity as contained in his letter of appointment.
Hon. Simon averred that despite formal demand through a pre-action notice served on the Adamawa State Government and its Attorney-General, all efforts to recover his outstanding entitlements proved abortive, thereby compelling him to approach the Court for redress.
Learned counsel to Hon. Simon, R. Ajumebor Esq urged the Court to hold that the failure of the Adamawa State Government to present evidence amounted to an abandonment of their defence and that the unchallenged documentary evidence tendered by his client has sufficiently established his entitlement to the reliefs sought.
In defence, the Adamawa State Government and its Attorney-General filed a Joint Statement of Defence but failed to call any witness, failed to adduce evidence, and repeatedly failed to appear in Court to open their defence.
In a well-considered judgment, the Presiding Judge, Hon. Justice James Agbadu -Fishim, held that Hon. Simon has successfully proved his case by credible and uncontroverted documentary evidence and that the Adamawa State Government and its Attorney-General failed to justify the non-payment of Hon. Simon's lawful entitlements.
The Court held that the letter of appointment issued to Hon. Simon clearly stipulated his entitlements, including Furniture Allowance, Leave Allowance, and Severance Gratuity, and that Adamawa State Government and its Attorney-General cannot lawfully withhold payments due under the contract of employment.
Justice Fishim stressed that the failure of the Adamawa State Government and its Attorney-General to defend the action or challenge the Hon. Simon’s evidence left the Court with no option but to rely on the uncontroverted evidence presented by Hon. Simon.
The Court awarded N500,000 as general damages, N500,000 as cost of action, and ordered that the total judgment sum shall attract 10% annual interest until full liquidation.
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