The National Industrial Court sitting in Yola, Adamawa State, has ordered the Adamawa State Government and the State Attorney-General to pay a retired civil servant, Mr Dogo, N4.3 million in outstanding gratuity after years of failing to honour his retirement benefits.
The court, presided over by Justice James Agbadu-Fishim, also awarded the retiree N1 million in general damages and an additional N1 million as the cost of the legal action.
Delivering judgment, Justice Agbadu-Fishim ruled that Dogo had successfully established his case through credible documentary evidence, while the defendants failed to provide convincing reasons for withholding his retirement benefits.
The court noted that the claimant presented undisputed documents proving his employment, retirement, approval for pension and gratuity payments, as well as the official computation of his retirement entitlements.
According to the facts presented before the court, Dogo was absorbed into the Adamawa State Civil Service through a letter dated March 1, 1988. His retirement was subsequently approved on June 2, 2023.
Following his retirement, the Adamawa State Pension Board issued an approval for the payment of his pension and gratuity in October 2023. A month later, an official computation of his retirement benefits established his gratuity entitlement at N4.3 million.
Despite these approvals and the official calculation of his entitlements, the retired civil servant allegedly waited without receiving his gratuity.
Dogo explained that he made several demands for payment and eventually served the state government and the Attorney-General with a one-month pre-action notice in April 2025. However, the defendants allegedly failed to take steps to clear the outstanding payment, leaving him with no option but to approach the court.
In their defence, the Adamawa State Government and the Attorney-General argued that the payment of retirement gratuities was subject to administrative procedures, verification processes and the availability of funds.
They maintained that the government was gradually working towards settling outstanding gratuities owed to retirees, including Dogo, insisting that the delay resulted from financial and administrative challenges rather than a deliberate attempt to deny him his entitlement.
Their counsel consequently urged the court to dismiss the suit, arguing that the claimant had not established sufficient legal grounds for his demands for loss of value, general damages and litigation costs.
However, counsel to Dogo, P.R. Ajumebor, maintained that his client had provided sufficient documentary evidence establishing his employment history, retirement, approval of his gratuity and the government’s continued failure to pay despite repeated demands.
In resolving the dispute, Justice Agbadu-Fishim held that the defendants failed to substantiate their claims about administrative bottlenecks, insufficient funds and verification requirements.
The judge consequently ruled that Dogo had proved his case as required by law and was entitled to receive his outstanding N4.3 million gratuity.
On the claimant’s demand for N3.1 million as compensation for the loss of value of his gratuity due to inflation, the court declined to grant the amount as a separate head of special damages.
Justice Agbadu-Fishim explained that the claimant had failed to establish a sufficient statutory or contractual basis for the claim or demonstrate a direct connection between the alleged financial loss and any wrongful act or omission by the defendants.
Nevertheless, the judge emphasised the circumstances surrounding the case, noting that Dogo had dedicated 35 years of service to the Adamawa State Government, retired without receiving his gratuity and was eventually forced to seek legal intervention to recover his entitlement as a senior citizen.
The court held that these circumstances justified an award of general damages, particularly considering how inflation had eroded the purchasing power of his retirement benefits over time.
Consequently, the court awarded him N1 million in general damages and another N1 million as litigation costs, in addition to the N4.3 million outstanding gratuity.