The National Industrial Court sitting in the Yola Judicial Division has ordered the Taraba State Government and Taraba Publishing Company Limited to pay ₦108.5 million to 18 former employees who were excluded from redeployment into the Taraba State Civil Service because they were not indigenes of Taraba State, while some former employees who were indigenes were absorbed.
Presiding Judge, Justice James Agbadu-Fishim, PhD, delivered the judgment on June 24, 2026, ruling that the use of indigene status to selectively absorb the former employees was unconstitutional and violated the workers’ fundamental right to freedom from discrimination. The court awarded ₦73.26 million in unpaid salaries and entitlements, ₦30 million in damages for mental torture, trauma and hardship, and ₦5.25 million as the cost of the action.
The case was brought by Mr Hosea Yunana and 17 others, who told the court that they were employed by Taraba Publishing Company at various times and that their appointments were subsequently confirmed after they successfully completed their probation periods.
The workers said they remained committed to their duties and were regularly paid their salaries until September 2014, when payment stopped.
They further told the court that their employment was never terminated and that they were not issued any official letters of disengagement.
According to the claimants, although the Taraba Publishing Company stopped operating in some of its offices, the Taraba State Government absorbed employees of the company who were indigenes of Taraba State into the State Civil Service, while leaving out the claimants who were non-indigenes.
The court found that out of 90 employees of the company, 70 were indigenes of Taraba State and 20 were non-indigenes. It further found that the state government absorbed 44 of the indigenous employees into the State Civil Service while the non-indigenous employees were left out.
In their defence, the Executive Governor of Taraba State and three other defendants argued that the Taraba Publishing Company had been wound up and that the state government employed eligible and qualified former staff of the company into the State Civil Service after following due process.
Counsel for the defendants also argued that the publishing company was an incorporated entity with a legal personality separate from the Taraba State Government, its promoters, owners, shareholders, incorporators and directors.
The defence maintained that the 18 workers, having been employees of the publishing company, had no contractual relationship with the Taraba State Government and the other defendants that could make them responsible for the payment of their salaries.
Counsel further argued that even if the government held controlling shares in the company, that did not automatically place the workers under the State Civil Service or make the publishing company an agent of the Taraba State Government.
However, counsel to the 18 workers, Dr M.M. Mailafiya, argued that his clients had established their case through credible, cogent and unchallenged evidence and urged the court to grant the reliefs sought.
In his judgment, Justice Agbadu-Fishim rejected the government’s claim that the Taraba Publishing Company had been wound up.
The judge said the claim was contradicted by documentary evidence presented by the workers, particularly a Status Report from the Companies Registry of the Corporate Affairs Commission, which showed that the company was still active and had not been dissolved.
Justice Agbadu-Fishim further held that the Taraba State Government had promoted and incorporated the publishing company for publishing purposes, controlled its affairs and appointed its Managing Consultant and Chief Executive Officer.
The judge said the government could not create a company, employ workers through it for publishing or commercial purposes, stop funding or operating the company, fail to terminate the workers’ employment and fail to wind up the company in accordance with the law, and then rely on the company’s separate legal personality to avoid its employment obligations.
The court also held that employees of a state-owned incorporated company may be regarded as being in the public service of the state for constitutional purposes where the government holds controlling shares or interests in the company.
However, Justice Agbadu-Fishim clarified that such employees remain governed by the company’s regulations, conditions of service and employment contracts unless the Public Service Rules are expressly or impliedly incorporated into their employment.
The judge further held that where a state government controls a state-owned company and exercises control over matters such as employment, appointments, funding and salaries, workers may enforce their constitutional rights and employment claims against the government in appropriate circumstances.
Justice Agbadu-Fishim specifically held that the Taraba State Government’s decision to selectively absorb employees of the publishing company into the State Civil Service using indigene status as a criterion was discriminatory against the non-indigenous workers and violated their constitutional right against discrimination at the workplace under Section 42 of the 1999 Constitution, as amended.
The court therefore ordered the defendants to pay ₦73,257,715.40 in unpaid salaries and entitlements covering September 2014 to January 2021, as claimed and awarded by the court.
It also awarded ₦30 million in damages for the mental torture, trauma and hardship suffered by the workers and ₦5.25 million as the cost of the action.
The court further ordered 10 per cent interest on the accrued judgment sums from June 24, 2026, until the judgment debt is fully paid.
Justice Agbadu-Fishim also ordered the defendants to issue the 18 workers official letters of disengagement and to promptly assess and pay their full terminal benefits and entitlements.
