The Presiding Judge of the Makurdi Judicial Division of the National Industrial Court, Hon. Justice Isaac Essien has ordered the Benue State Local Government Service Commission to pay retiree, Mrs. Helen Otokpa the sum of N6,186,636.00 as gratuity.
Justice Essien held that Helen Otokpa has proved her entitlement to the sum claimed, that the Benue State Local Government Service Commission, its Attorney general, and the State Local Government Pension Board have no valid defense.
From facts, the claimant- Mrs. Helen Otokpa had submitted that she retired from the service of the Benue State Basic Education Board after 35 years of service effective in 2014, that her retirement benefit was computed and had not been paid, urged the court to grant the reliefs sought in the interest of justice.
In defense, the defendants- Benue State Local Government Service Commission, State Attorney General, and State Local Government Pension Board stated that it did not deliberately refuse to pay Helen her pension or gratuity but the delay in payment was due to the absence of funds appropriated for that purpose; urged the court to dismiss the case.
Delivering the judgment, the presiding Judge, Justice Isaac Essien held that the defendants’ submission cannot constitute a valid defense to claims brought under the summary judgment, that it is an admission of indebtedness to Helen Otokpa.
Furthermore, On the claim for pension arrears, the court held that the statement of account showing the pension paid to Helen by the defendants was not tendered and this becomes difficult for the court to verify the assertion of Mrs. Helen concerning the number of months that pension was not paid to the claimant.
