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 to the Governor, Lucas Domgelma, a total of ₦7,752,000 in outstanding allowances, gratuity, damages, and legal costs.
Delivering judgment, the Presiding Judge of the Yola Judicial Division, Justice James Agbadu-Fishim, held that the former political aide had successfully established his entitlement to the claimed benefits through credible and unchallenged documentary evidence.
Justice Agbadu-Fishim ordered the Adamawa State Government to pay Domgelma ₦2.5 million as unpaid Furniture Allowance, ₦252,000 as unpaid Leave Allowance, ₦2.5 million as unpaid Severance Gratuity, ₦2 million as general damages for the hardship occasioned by the non-payment of his entitlements, and ₦500,000 as the cost of the suit.
The court further directed that the total judgment sum should attract post-judgment interest at the rate of 10 per cent per annum until it is fully liquidated.
Domgelma told the court that he was appointed Senior Special Assistant to the Governor of Adamawa State in November 2008 and served until 2011. Although he received his monthly salaries throughout his tenure, he said the government failed to pay his Furniture Allowance, Leave Allowance, and Severance Gratuity, contrary to the provisions of his letter of appointment and the Adamawa State New Salary Structure.
He further stated that repeated demands for payment, including the service of a pre-action notice on the government, yielded no result, compelling him to seek judicial intervention.
In their defence, the Adamawa State Government and the Attorney-General argued that the appointment and remuneration of political office holders are regulated by the Constitution, relevant state laws, and the guidelines of the Revenue Mobilisation, Allocation and Fiscal Commission. They contended that the 1999 Constitution recognises only the office of Special Adviser and does not expressly provide for the position of Senior Special Assistant.
The defendants further argued that Domgelma failed to establish that he had validly accepted his appointment and was therefore not entitled to the allowances claimed. They also maintained that he did not complete the requisite four-year tenure to qualify for the Furniture Allowance and urged the court to dismiss the suit for lacking merit.
However, counsel to the claimant, R. Ajumebor, submitted that his client’s letter of appointment expressly reflected the provisions of the Adamawa State New Salary Structure (For Judicial Officers, Public and Political Office Holders and the Legislature) Amendment Law, 2007, which entitled him to the disputed Furniture Allowance, Leave Allowance, and Severance Gratuity.
In his judgment, Justice Agbadu-Fishim held that the appointment letter created a valid contractual relationship between Domgelmaand the Adamawa State Government and clearly stipulated the payment of the disputed benefits.
The judge further held that the defendants neither challenged nor rebutted the documentary evidence presented by the claimant and failed to provide any lawful justification for withholding the allowances and gratuity.
Justice Agbadu-Fishim ruled that withholding Domgelma’s gratuity and allowances after benefiting from his services was unconscionable, inconsistent with established labour principles, and unsupported by law. He consequently entered judgment in favour of the claimant and ordered the immediate payment of all the awarded sums, together with post-judgment interest at 10 per cent per annum until the debt is fully settled.
