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Makurdi – His Lordship, Hon. Justice Salisu Danjidda of the National Industrial Court of Nigeria, sitting in Makurdi, Benue state, on Friday 22nd March 2019 in a summary judgment ordered Benue State Local Government Pension Board, Makurdi and 3 others (defendants) to pay Mr. Luper Eldred Washima (Claimant) the sum of N3,221,379.84 being gratuity and pension of his late father, Washima Jones Alaghga and N100, 000 cost of action.
The court also declared that 10% annual interest on the judgment sum shall be paid from the date of judgment till the judgment sum is fully liquidated.
The claimant claimed against the Defendants jointly among others; An order directing the defendants to pay to the claimant the sum of N3,221,379.84(Three Million, Two Hundred and Twenty One Thousand, Three Hundred and Seventy Nine Naira, Eighty Four kobo) only, only being the gratuity and pension of the late Washima Jone Alaghga as calculated, checked and passed by the defendants.
An order directing the defendants to pay to the claimant the sum of N2,254,965.93 being the interest at the rate of 10% on the sum for seven years from 2011 – 2017.
Likewise, 10% annual interest on the judgment sum from the date of judgment till the judgment sum is liquidated and Five Million Naira (N5,000,000.00) only as General damages
The Claimant filed a motion for summary judgment dated 17/09/2018 sought for AN ORDER of summary judgment.
The Claimant via affidavit averred that he is the eldest son, next of Kin and Administrator of the estate of late Mr Washima Jones Alaghga who died in the service of the Guma Local Government Area of Benue State.
The Claimant stated that after his father passed away on 15th of April 2010, he notified the Defendants by a letter dated 16/01/2013. That upon the notice being given, the Auditor General Local Government calculated his father’s death benefits, amounting to N3,221,379.84 (Three Million, Two Hundred and Twenty One Thousand, Three Hundred and Seventy Nine Naira, Eighty Four Kobo Only) which Defendants have refused to pay.
Defendants admitted with regards to the gratuity and pension owed, averred that the non-payment is due to sharp drop in the allocation from the Federal Government.
Delivering the judgment, the Presiding Judge, Hon. Justice Salisu Danjidda expressed thus;
“It is equally instructive that looking through the statement of defence filed by the Defendants, they have not offered any contest to any of the material facts pleaded by the Claimant. Besides outright admission of liability,
“It is imperative to state that the whole purpose of a summary judgment procedure is to prevent the grave injustice that might occur through a protracted and immensely frivolous litigation.
“In this instant case, there can be no gain saying that the Defendants have no Defence. This has in fact been conceded by the learned counsel for the Defendants/Respondents.
“It is clear that cases that can be placed for summary judgment procedure are such cases that involve the recovery of debt and or liquidated money as in the instant case.”
The court ordered defendants to pay Claimant the sum of N3,221,379.84 only, being gratuity and pension of late Washima Jones Alaghga as computed by the Defendants
and N100, 000 cost of action.
