The National Industrial court of Nigeria (NICN) has ordered the Governor of Adamawa State, Rt Hon Ahmadu Umaru Fintiri to pay Dauda Jauro and Abubakar Hamman, who until the termination of their appointments were Chairman and member three of the State House of Assembly Service Commission respectively.
The Court through Justice Sanusi Kado delivered judgment during a virtually sitting on Monday in Abuja and ordered payment of eighty two millions naira for their salaries, allowances and entitlements for unlawful termination of appointment.
While delivering the judgment, Kado held that:
“On the whole the claimants succeed on their claim for payment of their entitlement as per their respective letters of appointments for a period of five years.
“In view of the foregoing, the defendants are hereby ordered to within 45 days from the date of this judgment pay the claimants their entitlement for five years as follows:-
“The defendants shall pay the first claimant the sum of N42,436,894.00 (Forty Two Million Four Hundred and Thirty Six Thousand Eight Hundred and Ninety Four Naira), being the 1st claimant’s entitlement as per his letter of appointment exhibit CWB.
“The defendants shall pay the 2nd claimant the sum of N39,690,992.50 (Thirty Nine Million Six Hundred and Ninety Thousand Nine Hundred and Ninety Two Naira Fifty Kobo), being his entitlement for his five years fixed tenure which was wrongly aborted by the defendants.”
While praising the decision of the court over the judgement he described it “fair” and the court remains the hope of the common Man, Counsel to the duo plaintiff Tersoo Hyacinth Shabo Esq said the money is to be paid in forty five days.
You would recall that the duo had approached the NICN Yola Judicial Division in Suit No:NICN/YL/19/2019 challenging the termination of their appointments as Chairman and Commission three of the Adamawa State House of Assembly service Commission.
Dauda and Abubakar sought a declaration against Governor Ahmadu, Accountant General of the state and State House of Assembly to the effect that the termination of their appointments was unlawful, null and void.
They claimed the sum of forty two millions and thirty Nine millions representing their entitlements for the five years office tenure .
The court upheld the arguments of their counsel Tersoo Hyacinth Shabo Esq and granted all the reliefs sought by the claimants.
“The court held that the termination of the appointments of the claimants by the Governor was not in accordance with the provisions of section 6 of the Adamawa state House of Assembly service Commission law 2002.
“The court also held that the argument of the defence team that the appointments were tainted with irregularities as they were hurriedly made towards the wee or tail end of Senator Muhammadu Umaru Jibrilla Bindow’s administration, the immediate past Governor of the state.” Tersoo said
Tersoo further said that as untenable in law as Bindow was still the Governor up to the last day of his tenure and had powers to make the appointments.
“The Governor was given 45 days to pay the adjudged sum of 82 million naira to the claimants.” He added
You would also recall that same court few weeks ago passed a judgment in favor of Hon. Shadrach Ngyamanu as commissioner three, Adamawa State House of Assembly Service Commission ordered the Governor to pay 39.9 million naira for unlawful termination of his appointment.
