Court orders Benue State to pay Retiree N12.1 million Gratuity

The Presiding Judge, Makurdi Judicial Division of the National Industrial Court, Hon. Justice Isaac Essien has ordered Benue State Government to pay one retiree, Mr. Ape Abah the sum of N12.1m being the balance of his computed gratuity and the sum of N373,047.33k being August 2015 salary upon retirement from the service of the Benue State Local Government Service Commission after 35years of meritorious service that ended on the 1st day of September 2015.

The Court directed that the amount ordered to be paid shall be in installments with payment of N1m by the 30th November 2022 and subsequent payment of N500k monthly until the liquidation of the judgment debt.

From facts, the claimant- Mr. Ape Abah had contended that he was employed with effect from the 1st day of August 1980 by the 2nd defendant agent and prior to his retirement in 2015, he rose to the rank of Director of Community Health on salary grade Level 16, that his gratuity was fixed as N12,653,400 and a yearly pension of N3,374,240.00k, and was paid the sum of N500,000 of his gratuity remaining a balance of N12,153,400.00k.

However, the defendants did not dispute the sum of N12,153,400.00k owed to the claimant as gratuity.

Delivering the judgment after careful evaluation of the submission of both parties, the presiding Judge, Justice Isaac Essien held that Mr. Ape Abah has been able to prove his entitlement to the gratuity and the claim for the sum of N13,635,220.02k being arrears of pension was refused and transferred for proof for calling evidence.

“The sum hereby ordered to be paid shall be paid by installments. The first installment of N1,000,000 shall be paid by the 30th of November 2022. Thereafter the defendant shall continue to pay the sum of N500,000 in the subsequent months until the liquidation of the judgment debt.” Justice Essien ruled.

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