The National Industrial Court sitting in Abuja has dismissed a suit filed by Mr. Adamu Khalifa Aliyu, on behalf of the late Mr. Adamu H. Wasagu, a former Director at the Nigerian Maritime Administration and Safety Agency (NIMASA), against the agency, the Minister of Transport, and the Attorney-General of the Federation, over alleged unpaid entitlements.
Delivering judgment, Justice Olufunke Anuwe held that NIMASA and the Minister of Transport had successfully proved that all gratuities and pension arrears due to the deceased had been fully paid. She explained that the payments were computed based on his last salary at retirement and in accordance with the applicable percentage. The court further found that arrears of pension from October 2008 to June 2020 had also been settled in full.
Justice Anuwe ruled that although Mr. Wasagu held a top management position, his compulsory retirement before reaching the statutory retirement age disqualified him from receiving the additional terminal benefit of an official vehicle as stated in the agency’s Conditions of Service.
The claimant, Mr. Aliyu, had argued that Mr. Wasagu’s employment remained valid until July 2012, when he would have completed 35 years in service. He therefore claimed entitlement to salaries, allowances, and other benefits from December 1999 to July 2012. He also alleged that NIMASA failed to comply with directives issued by the Federal Ministry of Transport, the Office of the Head of the Civil Service of the Federation, the Office of the Secretary to the Government of the Federation, and the National Assembly, which he said ordered Mr. Wasagu’s reinstatement and the payment of outstanding benefits.
In their defence, NIMASA, the Minister of Transport, and the Attorney-General of the Federation argued that the reinstatement directives were issued in error, as Mr. Wasagu’s retirement had already been approved by the Ministry of Transport in a letter dated 16 June 2004. They said NIMASA promptly complied with the directive to pay his retirement benefits and pension.
The defendants also contended that Mr. Wasagu had been compulsorily retired due to allegations of misconduct, which rendered him ineligible for further benefits. They added that the suit could not be sustained after his death, as the cause of action arose from a personal employment contract that could not survive him.
However, Justice Anuwe disagreed with this argument, ruling that the reliefs sought related to post-retirement entitlements, which could survive the deceased and be pursued by his next of kin.
She noted that Mr. Wasagu did not challenge the validity of his compulsory retirement, indicating that he had no intention of seeking its nullification.
The judge further clarified that the NIMASA Act does not place the agency’s employment decisions under the authority of the Ministry of Transportation or any other government body.
“The court finds that the claimant has failed to prove that any entitlement remains unpaid. The late Mr. Adamu’s benefits were fully settled in accordance with the law,” Justice Anuwe ruled.
