By Desire Emmanuel
The National Industrial Court on Tuesday ordered the Adamawa State government to pay a former Senior Special Assistant (SSA) all his entitlements as well as damages with immediate effect.
Justice James Agbadu-Fishim of the Yola Division of the court ordered the government to immediately pay the former Senior Special Assistant, Mr Dongelma Lucas, the sums of N2.5 million as furniture allowance, N2.7 million as severance gratuity, N2 million as damages for suffering and anguish, and N500,000 as cost of action.
According to available court documents, Mr Lucas submitted that he was appointed Senior Special Assistant to the governor and served until 2011 under the terms contained in his appointment letter.
He averred that in the course of performing his duties and thereafter, he was not paid the furniture allowance and leave allowance due to him under the terms of his appointment, and was also not paid his severance gratuity after the expiration of his duties.
In its defence, the state government urged the court to dismiss the suit on the ground that Lucas did not place before the court proof of acceptance of his appointment, and was therefore not entitled to the reliefs sought.
The government also averred that the Revenue Mobilisation and Fiscal Commission is the body saddled with the responsibility of determining the remuneration of political, public and judicial office-holders, which was domesticated by some states in Nigeria, including Adamawa State.
The government added that the office of Senior Special Assistant was not explicitly mentioned among offices entitled to the claimed allowances under the Adamawa State New Salary Structure Law and further argued that the eligibility for these benefits depend heavily on whether the specific office is recognised by law, and that the courts have frequently ruled that Senior Special Assistants and Personal Assistants are personal staffs or aides of the governor rather than public office-holders.
Counsel to Lucas, while opposing the arguments, urged the court to enter judgment in his client’s favour on the basis that his claims for his unpaid furniture, leave allowances and severance gratuity are supported by contract and statute under the Adamawa State New Salary Structure.
Delivering judgment, Justice Agbadu-Fishim held that the evidence before the court established the employment contract between Mr Lucas and the state government as Senior Special Assistant with effect from November 2008.
He stated that the government did not countermand or controvert the documentary exhibits tendered by Lucas and also failed to proffer justification for the non-payment of his gratuity and allowances.
The judge also held that the withholding of his gratuity without any reason after the government had enjoyed his services was totally unacceptable and against best labour practice.
The judge consequently ordered the state government to pay Mr Lucas all sums awarded by the court together with 10 per cent annual post-judgment interest from the date of judgment until full liquidation.
