Reported by: Oahimire Omone Precious | Edited by: Oravbiere Osayomore Promise.
In a judgement today that was posted on X, the National Industrial Court, Yola Judicial Division, has ordered the Adamawa State Government and its Attorney-General to immediately pay a former Senior Special Assistant to the Governor, Mr Lucas Domgelma, the total sum of N7.7 million, comprising unpaid allowances, severance gratuity, damages, and cost of action. Justice James Agbadu-Fishim, who delivered the judgment on Wednesday, 20 May 2026, held that the state government's failure to pay the claimant's lawful entitlements after benefiting from his services was unconscionable, unjustifiable, and contrary to established labour practices. The court also awarded 10 per cent annual post-judgment interest on all sums until full liquidation.
The claimant, Mr Lucas Domgelma, had told the court that he was appointed Senior Special Assistant to the Governor of Adamawa State in November 2008 and served in that capacity until 2011 under the terms contained in his appointment letter. He averred that during his tenure and after its expiration, he was not paid his furniture allowance, leave allowance, and severance gratuity, despite repeated demands and the service of a pre-action notice. He argued that his entitlement to these benefits was supported by both the terms of his employment contract and the Adamawa State New Salary Structure (For Judicial Officers, Public and Political Office Holders and the Legislature) Amendment Law, 2007.
In its defence, the Adamawa State Government and the Attorney-General urged the court to dismiss the suit, arguing that Mr Lucas failed to provide proof of acceptance of his appointment and was therefore not entitled to the reliefs sought. The government further contended that the appointment and remuneration of political aides are governed by the Constitution, state laws, and the guidelines of the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC). It maintained that the 1999 Constitution only recognises Special Advisers and does not expressly provide for Senior Special Assistants or Personal Assistants. The state also argued that the office of Senior Special Assistant was not explicitly mentioned among offices entitled to the claimed allowances under the Adamawa State New Salary Structure Law, and that courts have frequently ruled that Senior Special Assistants and Personal Assistants are personal staff or aides of the Governor rather than public office holders. The government further submitted that Mr Lucas did not complete the four-year tenure required to qualify for Furniture Allowance.
In opposition, counsel to Mr Lucas, R. Ajumebor Esq., argued that the terms of the appointment letter mirrored the provisions of the Adamawa State New Salary Structure Law, thereby entitling his client to the unpaid allowances and gratuity. He urged the court to enter judgment in favour of his client on the basis that the claims were supported by contract and statute.
Delivering judgment after a careful evaluation of the pleadings and evidence, Justice Agbadu-Fishim held that the evidence before the court established the employment contract between Mr Lucas Domgelma and the Adamawa State Government as Senior Special Assistant with effect from November 2008. The Court stated that the Adamawa State Government and others did not countermand or controvert the documentary exhibits tendered by Mr Lucas and also failed to proffer justification for the non-payment of his gratuity and unpaid allowances. The judge held that the withholding of Mr Lucas's gratuity without any reason after the Adamawa State Government and others had enjoyed his services was unconscionable, totally unacceptable, and against best labour practice.
The Court consequently ordered the Adamawa State Government and others to pay Mr Lucas all sums awarded by the court, together with 10 per cent annual post-judgment interest from the date of judgment until full liquidation. The judgment serves as a significant reminder that political appointees, regardless of the status of their office, are entitled to the benefits explicitly provided in their appointment letters and the applicable laws, and that state governments cannot lawfully withhold such entitlements without justification.
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