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The National Industrial Court yesterday in Jos, Plateau State capital, dismissed a suit filed by Alhaji Garba Umar, former deputy governor of Taraba State, seeking N236 million as gratuity and pension.
The Justice Kenneth Amadii- led court dismissed the suit for lacking in merit.
Umar was appointed deputy governor on Nov. 12, 2012 by late Gov. Danbaba Suntai, following the removal of Alhaji Dani Abubakar-Danladi by the House of Assembly. Justice Amadi held that no House of Assembly has the power to fix gratuity and pension for former governors and deputy governors other than the National Assembly as contained in sections 124(1)(5), 210 and 32(d) of the 1999 Constitution (as amended).
”The Supreme Court on Nov. 21, 2015, was very clear and unambiguous. “The (words) need no further interpretation to find their meaning except to hold that at all material times, Abubakar-Danladi remained the deputy governor of Taraba while the claimant (Garba Umar) in this case was never the deputy governor of that state.
“The period when Abubakar-Danladi was purportedly removed was held to be a period of interruption in his office. Any invitation to read any other meaning or connotation to the holding of the Supreme Court aforesaid amounts to an invitation to commit judicial rascality.
X-raying Sections 32(d), 84, 124(1)(5) and 210 of the 1999 Constitution (as amended), Justice Amadi said: “it is not in dispute that the power granted to the state house of assembly to provide for pension and gratuity is a mere directory or permissive power which is not mandatory.”
“Therefore it is very clear that a house of assembly in Nigeria lacks the power to fix any amount in remuneration to its past governors and deputy governors; as pension or gratuity unless the Revenue Mobilization Allocation and Fiscal Commission (RMAFC) has first of all determined any amount in pension and gratuity’’ the court stated.
