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 immediately pay Deborah Enoch, an Administrative of the Estate of Umar Enoch Yagwag the liquidated sum of N2,221,651.52 (Two million, two hundred and twenty-one thousand, six hundred and fifty-one thousand, fifty-two-kobo) computed gratuity, N1,038,546 (One million, thirty-eight thousand, five hundred and forty-six naira) unpaid pensions due to the late Umaru Enoch Yagwag, and N300,000 (Three Hundred Thousand Naira only) cost of action.
The Court awarded the sum of N500,000 general damages against the Adamawa State Government and its Attorney General and reasoned that the late Umaru Enoch, who put in 35 years in service to the State and retired without being paid his pensions and gratuity and left to face impecuniosity as a senior citizen, and subsequently died without enjoying the fruit of his labour of 35 years, and still the State Government made his estate to posthumously pass through the rigor and hardship of litigation, is entitled to general damages.
From facts, the Claimant- Deborah Enoch had pleaded that she is the Next of Kin and an Administrator of Late Umaru Enoch Yagwag who was in the employment of the Adamawa State Government for about thirty-five years of meritorious service from 20th December 1982 to 20th December 2016.
Deborah Enochwent on that the Adamawa State Pension Board, an agency of the Adamawa State Government, also issued a Computation of Retirement Benefit, and an outstanding pension due to him before her father passed away on the 31st day of July 2019 and that neither the Late Umaru Enoch Yagwag nor his estate has been paid the gratuity of N2,221,651.52(Two million, two hundred and twenty-one thousand, six hundred and fifty-one thousand, fifty-two Kobo) nor the N1,038,546.00 (One million, thirty-eight thousand, five hundred and forty six Naira).
In defence, the Defendants- Adamawa State Government and its Attorney General contended that they were not in a position to produce original Certified True Copy of the Computation of Retirement Benefit of Umaru Enoch Yagwag not being aware of its existence and having not sanctioned the production of any such document to or for late Enoch or any other body or person.
Adamawa State Government and its Attorney General went on that serving or retired employees who have satisfied the requirements and are entitled to be paid have been receiving their payments in accordance with the laid down procedure put in place by the State Government, and submitted that all the exhibits tendered by the Deborah should be expunged as they were wrongly admitted in evidence.
In opposition, the learned Counsel to the claimant, Bala Sanga with P. R Afimebor and A.M. Saul (Miss) argued that even if certification issues existed, a presumption of regularity should apply, and the Adamawa State Government and its Attorney General should not benefit from any alleged procedural missteps.
The learned counsel submitted that Adamawa State Government and its Attorney General have abandoned their defence and pleadings as they did not exhibit and tender any evidence, and proceeded to rely on the case of his client and urge the Honourable Court to grant the reliefs sought.
In a well-considered judgment, the Presiding Judge, Justice James Agbadun-Fishim held that Deborah is competent to tender any document or evidence which the deceased when alive is competent to tender the same purpose the law makes provision for appointment of Administrator and also permits suit by personal representatives etc so that the death of a person will not defeat continuity of action and accrued assets and liabilities which are due at the demise of the deceased.
The Court held that the objection of the Adamawa State Government and its Attorney General that the documents being originals of public documents can only be tendered by the employer is very puerile and affirmed that Deborah is competent to tender same in evidence.
Justice Agbadun-Fishim held that though Exhibit EN3- which is an approval for payment is a photocopy but in the peculiar circumstance of the case as earlier examined and evaluated, it is only fair and equitable to in the interest of justice depart from the strict application of the insistence on certification of the approval whose authenticity, genuineness and origin is not in question and coupled with the fact of other available credible, cogent, compelling and pungent evidence which has made it clear beyond doubt that it emanated from the Adamawa State Government body.
“The Defendants have failed in this case, this Honourable Court having held that the Claimant has proved her case on balance of probability and preponderance of evidence. The evidence adduced by the Claimant has sufficiently established the case of the Claimant to the satisfaction of this Honourable Court. I so hold.”
