Industrial Court orders Local Government to Pay Solomon Dawen and 5 others 17 Months Withheld Salaries
Hon. Justice Isaac Essien sitting in Makurdi Judicial Division of the National Industrial Court has declared the suspension and withholding of Mr. Solomon Dawen and 5 others’ salary from January 2017 to May 2018 as illegal and unlawful.
The Court declared that Mr. Solomon Dawen and 5 others are staff of Gwer-West Local Government, Naka and are entitled to payment of their salaries
Justice Essien ordered Gwer-West Local Government Area, Benue State Local Govt. Service Commission and 3 others to forthwith pay Mr. Solomon Dawen and 5 others the sum of N7,141,876.12 being accumulated arrears of their salaries from January 2017 to May 2018 within 30 days with the sum of N500k cost of action.
From facts, the claimant- Mr. Solomon Dawen and 5 others had submitted that they were appointed into the service of the Gwer-West Local Government Area, and asserted that in 2014 they were screened by the Benue State Local Govt. Service Commission and their permanent and pensionable employment status were confirmed after the screening.
They further stated that the Local Government had been paying their salaries until from January 2017 to December 2017, no staff of 1st Defendant was paid as a result of alleged paucity of funds by the Government of Benue State, and the payment of salaries of staff was resumed January 2018 but their names were omitted from payment.
They averred that despite their complaint, their names were still omitted from the payment until June 2018 when their names was restored, and asked the Court to grant their claim for payment of their 17 months’ salary covering January 2017 to May 2018 in the interest of justice.
The defendants- Gwer-West Local Government Area and 4 others urged the court to dismiss the suit on the ground that Mr. Solomon and 5 others failed to prove their case against the Benue State Local Govt. Service Commission, Bureau for Local Government & Chieftaincy Affairs, Attorney General and Comm. For Justice, Benue State and the Government of Benue State (2nd, 3rd, 4th and 5th defendants) to be entitled to judgment.
In a well-considered judgment, the presiding Judge, Justice Isaac Essien held that the attempt by the Gwer-West LGA to exonerate the role of the Benue State Local Govt. Service Commission and 4 others in the operation of the LGA is a mischief or made out of improper understanding of the working of the local government.
Justice Essien stated that the effect of the exhibits tendered by Mr. Solomon and 5 others points to the irrefutable conclusion that they were at all material times the employees of the Gwer-West LGA and are entitled to the payment of their salaries and all allowances.
However, on Mr. Solomon and 5 others’ claim for an order of injunction restraining Gwer-West LGA from further suspending the payment of their salaries, Justice Essien held that such relief is very speculative and there is nothing before the court to show that the defendants are likely to suspend the payment of their salary either now or in the near future, and the court cannot act on speculation.
