The Presiding Judge, Justice Agbadun-Fishim has ordered the North-East Development Commission to pay former Taraba State Coordinator, Mr Usman the total sum of N11,251,158.66 (Eleven Million, Two Hundred and Fifty-One Thousand, One Hundred and Fifty-Eight Naira, Sixty-six kobo) only, being arrears of unpaid salaries, and Twenty Million Naira (N20,000,000.00) only being two years’ arrears of housing allowances for the years 2023 and 2024.
The Court declared the arbitrary stoppage of Mr Usman’s monthly salaries and allowances from January 2023 to date without any lawful and justifiable cause by the North-East Development Commission as illegal, unlawful, wrongful, unconstitutional, and discriminatory.
Justice Fishim granted an order directing the North-East Development Commission to stop interfering with the monthly salaries/allowances of Mr Usman for no apparent reasons, and that Mr Usman should also continue to be present at work at all times.
From the facts, the Claimant, Mr. Usman, had submitted that the North-East Development Commission abruptly terminated his salaries and housing allowances from January 2023 to date without any reason or explanation. Mr. Usman maintained that he had once had reason to cite a staff member for insubordination and subsequently obtained management’s approval to discipline her accordingly. That, surprisingly, he was placed at Grade Level 10 while his contemporaries were placed at Grade Level 13.
In addition, Mr. Usman averred that he used his resources to mobilize contractors to the site in facilitation of the take-off of the Projects in 6 Local Government Areas in the State, and his request for reimbursement was graciously approved as of 12th May, 2022, but had not been paid to him since then.
Mr. Usman testified that after his replacement as the Taraba State Commission’s Coordinator, he was not given a new posting, a schedule of duties, or even a desk to sit and work in the office.
In defence, the defendant- North-East Development Commission maintained that despite the verbal agreement and the subsequent Internal Memo issued to Mr Usman to handover the inventory of all official properties was blatantly refused, failed and neglected to comply, and in a brazen act of defiance and insubordination stopped coming to work since 9th November, 2022 till this day and for which reason the Claimant was issued a Query for absenteeism and failure to handover.
The NEDC witness testified that the North-East Development Commission never authorized nor instructed Mr Usman to use his personal resources to mobilize contractors of the Commission to any site in facilitation of the take-off of any of the Commission’s projects.
Learned Counsel argued that there is no evidence that Mr Usman obtained approval of the Commission to incur such expenditure, and further that Mr. Usman failed to prove that his salaries and housing allowances were not paid as claimed.
Learned Counsel contended that Mr Usman failed to state any legal basis for which Mr Usman should be placed on a higher Grade Level, and argued that the action is caught up and statute-barred by the Public Officers Protection Act, having been commenced after the expiration of the limited time of 3 months from when the cause of action arose.
In opposition, Mr Usman’s Counsel argued that the action of the North-East Development Commission is a violation of the Labour Act, which mandates the employer to provide work for the employee, and where the Commission has failed to provide work, the NEDC cannot take advantage of that situation to claim that his client absented or absconded from work.
In a well-considered judgment, the presiding Judge, Justice Agbadun-Fishim, affirmed the jurisdiction of the Court and held that the action is not statute-barred by virtue of the Public Officers Protection Act.
Justice Fishim held that Mr. Usman did not present any evidence to show that his contemporaries who were elevated or restored to their previous position on GL13 had been so. The appointment letter clearly states that, after acceptance, there is no room for renegotiation.
Justice Fishim reiterated that the Honourable Court cannot compel the North-East Development Commission to elevate Mr Usman, maybe to the position of State Coordinator, in the absence of proof of unfair labour practice and discrimination.
However, the Court reasoned that if the North-East Development Commission had truly posted and assigned a schedule of duties to Mr. Usman after his replacement, the Commission would not have hesitated to plead the same and present its proof, since Mr. Usman had no office to report to there.
The Court held that the Circular on Biometric Attendance was only issued after the case had commenced. As such, it is entirely irrelevant and serves no useful purpose in the question of whether marking attendance was a compulsory rule for the Commission’s employees.
“In totality of all that I have found and held in this case, the issue for determination is hereby resolved in favour of the Claimant.” The Court ruled.