The National Industrial Court, Abuja, Friday, dismissed ex-Adamawa governor Bala Ngilari’s suit for payment of pension and other benefits, for lack of proof.
Ngilari, the claimant, was deputy-governor, then governor of Adamawa between May 29, 2007 to May 29, 2015.
Specifically, Bala James Ngilari, a lawyer, was governor of Adamawa State between October 2014 and May 2015. He was succeeded by Bindo Jibrilla, the winner of the 2015 Adamawa gubernatorial election.
The former governor instituted the suit against the State Government and Attorney General of the State, by way of complaint and statement of facts on Nov. 17, 2015.
In the complaint, he averred that according to Sections 3 and 6 of the Adamawa State Governor’s Pension (Amendment) Law 2010, he was entitled to pension and gratuity for life.
However, he said since the completion of his tenure, he had not been paid his pension and gratuity, hence the commencement of the action against the defendants and praying the court for some reliefs.
In defence, the defendants averred that the section of the law which was the threshold of the claimant’s case was null and void as it was made without the amount granted as pension and gratuity being determined and fixed by the Revenue Mobilisation Allocation and Fiscal Commission.
Justice Benedict Kanyip delivering the judgment read by Justice Sanusi Kado said ” the claimant’s claim are for pension, gratuity and other post-office entitlements, all of which qualified as special damages.
”The law is that a claim for special damages must be pleaded and particularised so that the defendant will know what he is meeting.
”The claims for gratuity, pension, housing fund, salary are all special damages and must be proved.
”Where a claimant fails in this test, the claim must fail.
The judge further said that the claimant relied on the Adamawa Governor’s Pension (Amendment) Law 2010 as the instrument that granted him the entitlement to all the reliefs he sought.
He, however, said no copy of this law was made available to the court in order to see how exactly worded the said sections were.
Kanyip added: “How am I to verify this where the said law is not made available, given that this court has no access to it”?
”I am not satisfied that the claimant discharged the burden of proof placed on him by law to be entitled to a favourable verdict by this court. His case must accordingly fail and I so hold”, he said.
Kanyip, therefore, dismissed the suit for lack of proof and awarded no cost.
Newsmen report that the claimant in seeking redress approached the court and therefore sought for a declaration of the court that he was entitled to a Special Assistant on GL10, a Personal Assistant on GL08 which should be monetised and paid along with his monthly pension.
Another declaration sought by the claimant was for provision of two vehicles (a Prado Jeep and Toyota Camry),the standard of which should be equivalent to the staff vehicles of the incumbent deputy governor to be replaced every four years.
A driver on GL05 and a cook on GL03 which should all be monetised and paid along with his monthly pension.
Others provisions were for free medical treatment for the claimant and his immediate family which should be monetised in value of 300 per cent of the gross annual salary of the incumbent deputy-governor and shall be paid after every two years.
Additional provisions for a furnished befitting four bedroom house in any location of choice within the state.
The ex-governor also sought for a mandatory order of the court directing the defendants to immediately pay him the sum of N334,370 commencing from July 16, 2014, the sum of N265.8 million, being the approved estimate for a furnished befitting four bedroom.
Nggilari further sought for an order of court directing the defendants to pay him the sum of N20.6 million, being the 300 per cent value of the gross annual salary of the incumbent deputy governor to be paid every two years.
In addition, he prayed for the payment of the sum of N33.1 million, being the estimate price for a Prado Jeep and Toyota Camry to be paid every four years.
He also urged the court to direct the defendants to provide him with a security at his residence, protocol services for him and his immediate family at airports while undertaking local and international trips and in procurement of travel visas.
- NAN
