Court Rejects Former Gov’s Plea For Pension, Prado Jeep

The National Industrial Court, Abuja has dismissed ex- Adamawa governor, Bala Nggilari’s suit for payment of pension and other benefits, for lack of proof.

Nggilari,  the claimant was the deputy- governor, then governor of Adamawa between May 29, 2007 to May 29, 2015.

He 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.

News Agency of Nigeria (NAN) reports 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.

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