The National Industrial Court, sitting in Yola Judicial Division, has ordered the Adamawa State Government and its Attorney General to immediately pay former Executive Chairman of the Adamawa State Universal Basic Education Board, Hassan Gabdo, a total liquidated sum of N11.6 million, representing unpaid furniture allowance, severance gratuity, and leave allowance.
The court ordered the payment as follows: N4 million for unpaid furniture allowance, N4 million for unpaid severance gratuity, N1.6 million for unpaid leave allowances, N1 million as exemplary damages for trauma, distress, and breach of obligations by the Adamawa State Government, and a further N1 million as cost of action in favor of Hassan.
The claimant, Hassan, submitted that he was appointed Executive Chairman of the Adamawa State Universal Basic Education Board in August 2015. Upon completion of his tenure, the Adamawa State Government failed to pay his furniture allowance, leave allowance, and severance gratuity, despite repeated demands.
In its defense, the Adamawa State Government and its Attorney General did not file a statement of defense, did not call any witnesses, and elected to rest its case entirely on the evidence of the former chairman.
In his ruling, Justice Agbadu Fishim held that the claimant had successfully discharged his burden of proof by presenting credible and unchallenged evidence, as required by law, to establish his entitlement to the reliefs sought.
The court posited that the Adamawa State Government and its Attorney General cannot withhold or deny Hassan’s severance gratuity under any guise or condition not backed by law.
Justice Fishim emphasized that where documentary evidence is unchallenged and uncontroverted, the court is entitled to act on it, and that the silence of the defendants in the face of a specific monetary demand further strengthened the claimant’s case.
The court further held that the Adamawa State Government cannot lawfully withhold or deny the severance gratuity and allowances of a former public officeholder when such entitlements are clearly stipulated by contract and law.
On damages, the court found the conduct of the Adamawa State Government in withholding Mr. Hassan’s severance gratuity after the expiration of his tenure, as well as its failure to pay his entitled furniture and leave allowances without any lawful justification, to be unacceptable and reprehensible conduct by an employer toward an appointee who had faithfully served.
