N236m gratuity, pension suit lacks merit- Judge

A suit filed by Alhaji Garba Umar, former Deputy Governor of Taraba, seeking N236 million as gratuity and pension has been quashed by a Jos court.

The presiding judge, Justice Kenneth Amadi held that no State 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)

Therefore, he dismissed the suit, saying it lacked merit.

”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.

“I am bound by the decision of the principle of stare decisis,” Amadi declared.

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.

“Since RMAFC has not fixed any amount as pension and gratuity to past Governors and deputy governors in Nigeria, any law made by the state house of Assembly granting same to past Governors and deputy governors is therefore null and void.

“Since RMAFC has not fixed any amount as pension and gratuity to past Governors and deputy governors in Nigeria, any law made by the state house of Assembly granting same to past Governors and deputy governors is therefore null and void.

Umar was appointed deputy governor on Nov. 12, 2012 by late Gov. Danbaba Suntai, following the removal of Alhaji Dani Abubakar-Danladi by the State House of Assembly, according to NAN.