…Declares govt action illegal

….Awards N10m damages against govt

By Dayo Johnson

The National Industrial Court sitting in Abuja has ordered the Ekiti State Government to pay former Deputy Governor Dr Sikiru Tae Lawal his monthly stipend, severance allowance, gratuity, and other entitlements due to him as a former political office holder.

Lawal served as deputy to Governor Segun Oni before the Court of Appeal sacked both men in 2010 and installed Dr Kayode Fayemi as governor.

Since leaving office, Lawal claimed he was denied all entitlements as a former deputy governor, despite serving without impeachment.

He alleged that his former boss, Oni, received his benefits as ex-governor, while he was marginalised.

Through his lawyers led by Mr Adeboro Adamson, SAN, Lawal approached the court seeking a declaration that the non-payment of his pension, severance benefits, monthly stipend with arrears, and other entitlements under the Ekiti State Pensions Law, 2012, as amended in 2014 and 2015, was unlawful, illegal, unconstitutional, and unjustifiable.

The suit listed the Governor of Ekiti State, the Attorney General and Commissioner for Justice, and the state government as defendants.

Lawal asked the court to declare that the failure to pay his severance benefits, monthly stipends with arrears, and other entitlements under the Grant of Pensions (Amendment) Law of Ekiti State, 2014, was unlawful, illegal, and unjustifiable.

He also sought an order directing the defendants to calculate and pay his severance benefits, monthly stipends with arrears, and other entitlements from October 15, 2010 to date, in line with the 2014 law.

In addition, he prayed for N100 million as general damages for the defendants’ refusal to pay his entitlements from October 15, 2010 to date.

The defendants, through counsel Gbemiga Adaramola, argued that the election that brought Lawal into office was nullified by the Court of Appeal, Ilorin Division, on October 15, 2010.

Adaramola said Lawal was therefore never legally a deputy governor and not entitled to any severance allowance, monthly stipends, pension, or other entitlements.

He added that the government was not aware of paying any pension or entitlements to Oni, and had not discriminated against Lawal or violated his fundamental rights, as he was not entitled to any benefits from the state.

In his judgment, Justice E.D. Subilim dismissed the objections of the Ekiti State Government and ordered the payment of all entitlements due to the former deputy governor.

Justice Subilim held that the non-payment of Lawal’s pension, severance benefits, monthly stipend with arrears, and other entitlements under the Ekiti State Grant of Pensions Law, 2012, as amended in 2014 and 2015, was “unlawful, illegal, unconstitutional, and unjustifiable.”

The court ordered the defendants to immediately calculate and pay to Lawal all outstanding severance benefits, pensions, and monthly stipends, including all accumulated arrears, from October 15, 2010 to the date of judgment, and continuing thereafter, as due under the law.

It also awarded Lawal N10 million as aggravated and exemplary damages against the defendants for their “oppressive, arbitrary, and unconstitutional conduct” in withholding his vested entitlements.

The court further directed the defendants to pay post-judgment interest at 10% per annum on the total judgment sum from the date of judgment until the entire sum is fully liquidated.