The Yola Judicial Division of the National Industrial Court has ordered the Adamawa State Government and its Attorney-General to immediately pay one, Rahab Danufi, a retired worker, the sum of N1,748,087.07.
Additionally, the court awarded Rahab N500,000 as nominal general damages for the distress, trauma and breach of obligations caused by the Adamawa State Government. Another N500,000 was granted for the cost for filing the suit.
Rahab Danufi, who had worked for 35 years, submitted that after her retirement in April 2018, the Adamawa State Pension Board issued a computation of her retirement benefits, detailing her gratuity entitlement of N1,748,087.07. Despite several requests, the payment was not made by the state government.
In her application to the court, Rahab sought the payment of her gratuity and claimed that the Adamawa State Government had failed to honour its financial obligation, despite repeated requests.
In response, the defendants; the state government and its Attorney-General, did not present any witnesses and based their defense on the claimant’s own evidence.
They also argued that it was not their responsibility to issue the computation document. Rahab’s Counsel, Bala Sanga, contest ed the state’s defense, emphasizing that the computation document was issued by an officer of the Adamawa State Government and was certified.
He argued that the state had no legal basis to withhold Rahab’s benefits. Justice James Agbadu-Fishim, ruled in Rahab’s favour, dismissing the state government’s objections.
The judge held that Rahab Danufi had proven her entitlement to the N1,748,087.07 gratuity, as computed by the Pension Board.
The Judge emphasized that the state could not withhold her gratuity without legal justification, highlighting that Rahab had served the state for 35 years and should not face further hardship.
In his judgement, Justice AgbaduFishim also condemned the practice of forcing retirees to wait indefinitely for their entitlements, calling it unacceptable and contrary to international labor standards.
The court further ordered that the state should pay Rahab N500,000 for the hardship caused, along with an additional 10 per cent interest on the total judgement sum if it remained unpaid after 60 days.
