The Presiding Judge of the Yola Division of the National Industrial Court, Hon. Justice James Agbadu‑Fishim, has ordered the Adamawa State Government and its Attorney‑General to pay Hon. Simon, a former member of the Adamawa State Hospital Services Management Board, the sum of N3,750,330 as Furniture Allowance, N3,750,330 as Severance Gratuity, and N500,044 as Leave Allowance due under his appointment terms.
The Court held that the withholding of these entitlements was unjustifiable, contrary to established labour practices, and unsupported by any defence from the State Government.
From the record, Hon. Simon was appointed to the Board in February 2015 and served until the expiration of his tenure. Despite repeated demands, including a pre‑action notice, his allowances and gratuity remained unpaid, compelling him to seek judicial redress.
His counsel, R. Ajumebor Esq., argued that the government’s failure to present evidence amounted to abandonment of its defence, leaving the claimant’s documentary evidence unchallenged.
Although the State Government and its Attorney‑General filed a joint statement of defence, they failed to call witnesses, adduce evidence, or appear in court to prosecute their case.
In a considered judgment, Justice Agbadu‑Fishim found that Hon. Simon had proved his claims through credible and uncontroverted documentary evidence. The Court emphasized that the letter of appointment expressly provided for the allowances and gratuity, which the government could not lawfully withhold.
Consequently, 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.
