The national industrial court in Abuja has ordered the Adamawa state house of assembly service commission (ASHASC) to pay Ngyamanu Shadrack, its former commissioner, N39 million as his entitlement.
Shadrack, who was appointed as commissioner III to the ASHASC on April 10, 2019, by Bindo Jibrilla, former governor of Adamawa, was supposed to serve for five years.
However, he approached the court after his appointment was terminated in June 2019.
Shadrack argued that the termination of his appointment was not done legally, and prayed the court to nullify his removal.
In its defence, the commission argued that the claimant’s appointment was hastily done just before the end of the former governor’s tenure without following due process.
Ibrahim Mohammed and T.J. Ojo, the defence counsel, further averred that the claimant’s appointment was not valid as it was in contradiction to the provision of Section 6 of the ASHASC Law 2002 and Section 14 of the Constitution of Nigeria as amended.
According to the defence, Shadrack assumed duty before official acceptance of the offer and taking oath of office on May 15, 2019.
Delivering judgment virtually, Sanusi Kado, the presiding judge, held that the claimant’s appointment was validly done in compliance with the provision of Section 4 of the ASHASC Law, 2002.
Kado said the defence failed to show how the appointment of the claimant was against the provision of the constitution.
He also said the fact that the defence terminated the claimant’s appointment while there was a pending suit before the court amounted to an abuse of court process.
The judge ordered that all entitlements due to the claimant should be paid, adding that failure of the defendants to comply with the judgment will attract an additional 10 percent on the judgment sum.
The court, however, refused the claimant’s plea for legal cost.