The Presiding Judge of the National Industrial Court, Yola Judicial Division, Hon. Justice James Agbadu-Fishim, has directed the Adamawa State Government and its Attorney-General to promptly pay a former Senior Special Assistant to the Governor, Mr. Lucas, a total of N7.7 million, covering furniture allowance, severance gratuity, damages, and cost of action.
The claimant, Mr. Lucas, told the court that he was appointed as Senior Special Assistant to the Governor of Adamawa State and served in that capacity until 2011 under the conditions stated in his appointment letter. He argued that during and after his tenure, he was not paid his entitled furniture and leave allowances, nor was he given his severance gratuity after leaving office.
In response, the Adamawa State Government and the Attorney-General asked the court to dismiss the case. They argued that Mr. Lucas failed to present evidence showing acceptance of the appointment and therefore was not entitled to the claims. They further stated that remuneration for political and public office holders is regulated by the Revenue Mobilization, Allocation and Fiscal Commission, as adopted by the state’s salary structure law. According to them, the position of Senior Special Assistant was not specifically listed among offices eligible for the claimed benefits, and prior judicial decisions have treated such roles as personal aides rather than public office holders.
However, counsel to Mr. Lucas insisted that his claims were valid under both contract and the Adamawa State New Salary Structure Law, and urged the court to grant judgment in his favor.
After reviewing the evidence, Justice Agbadu-Fishim ruled that there was a valid employment contract between Mr. Lucas and the Adamawa State Government, effective from November 2008. The court noted that the defendants did not dispute or properly challenge the documentary evidence submitted by the claimant, nor did they justify the non-payment of his entitlements.
The judge further held that withholding Mr. Lucas’s gratuity after benefiting from his service was unjustifiable, unconscionable, and contrary to fair labour practice. Consequently, the court ordered the Adamawa State Government and others to pay all awarded sums, along with 10% annual post-judgment interest until full payment is made.
