Bindow’s appointee defeats Gov Fintiri, 5 others in a court case, Judge orders N39.9m payment within 60 days

A judgment was passed in favor of Honourable Ngyamanu Shadrack, at the National Industrial Court of Nigeria Abuja by Justice Sanusi Kado and ordered the sum of thirty-nine million nine hundreds (39.900,000) naira be paid to him.

Shadrack (Claimant) dragged the Governor of Adamawa State, Rt Hon Ahmadu Umaru Fintiri, the Adamawa state House of Assembly, Adamawa State House of Assembly service committee, State Accountant General, and Mrs. Zainab Ahmed (defendants) on the termination of the claimant’s appointment as commissioner/Member three of the Adamawa state House of Assembly Service Commission and defeated them.

Our correspondent recalled that Shadrack was appointed by the former Governor of Adamawa State, Senator Muhammadu Umaru Jibrilla Bindo of the state, sued Governor Ahmadu Umaru Fintiri (1st defendant) via letter dated 2/8/2019 and which termination was confirmed by 3rd defendant on the 6/8/2019 is altogether wrongly and unlawful.

Counsel to the claimant, Barr Shabo Hyacinth Tersoo told our reporter that Governor Ahmadu upon assumption into office on 6/6/2019 made a maiden broadcast suspending/dissolving Hon. Shadrach Ngyamanu as commissioner 3, Adamawa State House of Assembly Service Commission has violated the provisions of the Constitution.

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“Claimants approached the national industrial court and judgment was entered in his favor. The court declared his appointment as validly made by the then Governor; that the suspension and dissolution were unlawful and therefore null and void; an injunction restraining the Governor from interfering with the functioning of his office. The Court also gave an order directing the payment of all his entitlement.” He said

According to him, It is worthy of note that the Governor of Adamawa state wrote a letter dated 2/08/2019 to the speaker of the Assembly seeking the Assembly’s approval to terminate the appointment of Hon. Ngyamanu as Commissioner 3 with the Commission. The House of Assembly sat and confirmed the termination of the claimant’s appointment on 6/08/2019. These actions were done few days to the judgment of 18/9/2019.

He said the decision of Hon. Ngyamanu approached the National Industrial Court in Suit No. NICN/YL/15/2019 seeking a declaration that the termination of his appointment was wrongful, null, and void and an order directing the defendants to pay all his salaries and allowances for five years which is the tenure of the appointment.

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The virtual sitting at National Industrial Court Where Justice Damulak delivered his judgment on 10/05/2021 in favor of Ngyamanu in Abuja was ordered to pay the sum of thirty-nine million nairas to the claimant, Hon Shadrack.

“The court held that it amounted to disobedience of court when the defendants terminated the appointment of Hon. Ngyamanu while the first suit was pending in court and that the said action ran afoul of the constitutional order and separation of powers.

“As an institution created by the constitution, all authorities including the Governor and the State Government ought to have respected the court by not tempering with status quo that prevailed before the filing of the initial case.
The court ordered that the claimant be paid all his salaries and allowances for five years ie 39.9 million nairas.

“The court equally dismissed the counterclaim filed by the Governor and the Attorney General against the appointment of the claimant and held that the claimant was validly appointed as provided by law and that there is nothing unconstitutional about claimant’s appointment.

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“It is hoped that the defendants will this time around obey the judgment of the court and pay the claimant’s entitlements within 60 days as ordered failing which we shall on behalf of the claimant attach properties of the state Government for auction satisfy the judgment sum, or garnished the accounts of the State Government.

“It is a case of executive rascality and we are happy it was deprecated by the court,” Shabo said

Efforts by this medium to speak to Adamawa state Attorney General and commissioner for Justice, Barr Afraimu K. Jingi approved abortive as calls put through his phone number were not been picked.

Our medium gathered that Jingi was always in court to defend Governor Ahmadu (defendant) and five others until judgement was passed

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