By Precious Mark
The National Industrial Court sitting in Yola has ordered the Adamawa State Government and the state’s Attorney-General to immediately pay a former Senior Special Assistant (SSA) to the governor, Mr. Lucas Domgelma, N9.75 million in outstanding allowances, gratuity, damages and the cost of the suit.
The court disclosed this in a statement issued on Friday following the judgment delivered by the Presiding Judge of the Yola Judicial Division, Justice James Agbadu-Fishim.
According to the statement, the court awarded Mr. Domgelma N2.5 million as unpaid furniture allowance, N252,000 as leave allowance, N2.5 million as severance gratuity, N2 million as general damages and N500,000 as the cost of the action. It also ordered that the judgment sum attract 10% annual post-judgment interest until it is fully paid.
Justice Agbadu-Fishim held that the claimant had sufficiently established his entitlement to the unpaid furniture allowance, leave allowance and severance gratuity through credible and unchallenged documentary evidence presented before the court.
Mr. Domgelma had told the court that he was appointed as Senior Special Assistant to the Governor of Adamawa State in November 2008 and served until 2011. Although he received his salaries during the period, he said the state government failed to pay his furniture allowance, leave allowance and severance gratuity as provided in his letter of appointment and the Adamawa State New Salary Structure.
He further told the court that despite repeated demands for the payment of the outstanding entitlements and the service of a pre-action notice, the government failed to act, forcing him to seek legal redress.
In their defence, the Adamawa State Government and the Attorney-General argued that the appointment and remuneration of political aides were governed by the Constitution, state laws and the Revenue Mobilisation Allocation and Fiscal Commission guidelines.
The defendants maintained that the 1999 Constitution only recognises Special Advisers and does not expressly provide for the office of Senior Special Assistant.
They also argued that Mr. Domgelma failed to establish a valid contractual relationship with the government, that the office was not expressly recognised under the applicable state law for payment of the claimed allowances, and that he did not complete the four-year tenure required to qualify for furniture allowance.
However, counsel to the claimant, R. Ajumebor, argued that the terms of the appointment letter mirrored the provisions of the Adamawa State New Salary Structure (For Judicial Officers, Public and Political Office Holders and the Legislature) Amendment Law, 2007, thereby entitling his client to the unpaid furniture allowance, leave allowance and severance gratuity.
In the judgment, Justice Agbadu-Fishim held that the appointment letter established a contractual relationship between Mr. Domgelma and the Adamawa State Government and expressly provided for the payment of the disputed entitlements.
The judge noted that the defendants neither challenged nor rebutted the documentary evidence tendered by the claimant and failed to justify withholding his allowances and gratuity.
He described the government’s refusal to pay the claimant’s entitlements after benefiting from his services as “unconscionable”, contrary to best labour practices and unsupported by law.
The court consequently entered judgment in favour of Mr. Domgelma and directed the Adamawa State Government and the Attorney-General to immediately pay the awarded sums, with 10 per cent annual interest accruing until the judgment debt is fully liquidated.