Court dismisses ex-Adamawa Governor’s suit for pension, benefits

The National Industrial Court, Abuja has dismissed the suit of ex-Adamawa State Governor, Bala Ngilari, for payment of pension and other benefits for lack of proof.
Ngilari was a deputy governor and then governor of Adamawa State between May 29, 2007 and 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 November 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 the claimant relied on the Adamawa State 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.”
Kanyip therefore dismissed the suit for lack of proof and awarded no cost.
The News Agency of Nigeria 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  nd 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.
Ngilari 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.