The National Industrial Court sitting in Yola has ordered the Adamawa State Government and its Attorney General to immediately pay a total of ₦11.6 million to a former Executive Chairman of the Adamawa State Universal Basic Education Board (SUBEB), Mr. Hassan Gabdo, over unpaid allowances and benefits.
The court ruled that the sum covers Mr. Gabdo’sfurniture allowance, severance gratuity, leave allowance, exemplary damages, and the cost of the suit.
Delivering judgment, the Presiding Judge, Hon. Justice J. T. Agbadu Fishim, held that the state government failed to pay the claimant’s entitlements following the expiration of his tenure, despite repeated demands. He ruled that the government had no legal justification for withholding the payments and ordered the immediate settlement of the full amount.
Justice Fishim awarded ₦4 million as unpaid furniture allowance, ₦4 million as unpaid severance gratuity, ₦1.6 million as unpaid leave allowance, ₦1 million as exemplary damages for trauma, distress, and breach of obligation, and an additional ₦1 million as the cost of the action, all in favour of Mr. Gabdo.
On the facts of the case, the court noted that Mr. Gabdowas appointed Executive Chairman of the Adamawa State Universal Basic Education Board in August 2015. Upon the completion of his tenure, he said the state government failed to pay his furniture allowance, leave allowance, and severance gratuity, despite several formal demands.
In their defence, the Adamawa State Government and its Attorney General did not file any statement of defence, did not call witnesses, and chose to rely solely on the evidence presented by the claimant.
In his judgment, Justice Fishim held that Mr. Gabdo had successfully proved his case with “credible and unchallenged evidence,” as required by law. He said the defendants’ silence in the face of specific monetary claims further strengthened the claimant’s case.
The judge ruled that the Adamawa State Government and its Attorney General could not withhold or deny Mr. Gabdo’s severance gratuity or allowances “under any guise or condition not backed by law.” He added that where documentary evidence is unchallenged and uncontroverted, the court is entitled to rely on it.
On the issue of damages, Justice Fishim described the government’s failure to pay the former official’s entitlements after the end of his tenure as “unacceptable and reprehensible,” stating that such conduct amounted to a breach of obligation by an employer to an appointee who had faithfully served.
