The Presiding Judge, Makurdi Judicial Division of the National Industrial Court of Nigeria, His Lordship, Hon. Justice Isaac Essien has ordered Benue State Government, its Attorney General, and 3 others to pay one retiree Oche Abah the sum of Six Million, Four Hundred and Eighty-Four Thousand, Three Hundred and Sixty-One Naira as gratuity and 16 months accumulated pension arrears.
However, the court declined Abah’s request to grant an interest rate of 25% for the absence of proof.
From facts, the claimant- Oche Abah had submitted that the deliberate refusal of the Benue Government to pay his gratuity and the accumulated monthly pension of the many years after his statutory retirement from service is illegal, unlawful, and unfair Labour practice sought for an order to enter summary judgment in his favour on the grounds that the state government and others cannot deny his retirement benefits which were duly computed by the government, urged the court to grant the reliefs sought.
In defense, the defendants urged the court to dismiss the claims of the claimant for being meritorious.
Delivering judgment, the presiding judge, Justice Isaac Essien held that the amount claimed by Oche Abah has been clearly supported by the computation of the retirement benefit done by the Auditor General of Benue State that the state government and others do not seem to have any defense to the action.
“In the absence of a proper defense to this action, this court is under a duty to enter judgment for the sum claimed in this motion. Judgement is hereby entered in the sum of N 6,484,361.72k being the claimant’s gratuity and the accumulated arrears of his monthly pension as contained in his computation for payment of Retirement Benefits letter dated 27th July 2015.” Justice Essien Ruled.
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