Hon. Justice Sinmisola Adeniyi sitting in Kaduna Judicial Division of the National Industrial Court has dismissed the entitlement claim filed by retiree, Mr. Hassan Adamu against Kaduna State Polytechnic and the Governing Council for being unmeritorious.
The Court held that Mr. Adamu has failed to lead credible evidence in support of the reliefs claimed against the Kaduna State Polytechnic and the Governing Council for being unmeritorious.
Justice Adeniyi agreed with the submission of learned counsel for the Kaduna State Polytechnic and the Governing Council that Mr. Adamu has not proved his case on the balance of probability or discharged the onus of proof placed on him to entitle him to his claims.
From facts, the claimant- Mr. Hassan Adamu had submitted that he voluntarily retired on 24/06/2019 after serving for twenty-four (24) years. Mr. Adamu contended that while he was on CONTISS 15 and level 14/9, the salary that was paid to him was that of level 13/9, and all efforts to get his due payment upon retirement were to no avail.
In defence, the defendants- Kaduna State Polytechnic and its Governing Council maintained that Mr. Adamu was never on CONTISS 15 or Level 14/9 before his retirement as the grade level is for Principal Officers and Chief Lecturers.
The Kaduna State Polytechnic and its Governing Council averred that Mr. Adamu was upgraded to Chief Executive Officer on CONTISS 14/4 with the resolution that, the identified officers are to be upgraded to CONTISS 14 without financial benefits and with a proviso that such officers will be downgraded to CONTISS 13 if they are degraded by the Scheme of Service.
The Kaduna Poly testified that, from 2009-2019, Mr. Adamu was captured on level 13/9 in the Institution’s budget to the Office of the Federation and that in 2018, Mr. Adamu signed the PENCOM Retirement Benefit Registration slip with level 13, and urged the court to dismiss the case.
In a well-considered judgment, the Presiding Judge, Justice Sinmisola Adeniyi held that Mr. Adamu failed to prove the assertions that the Federal Government had been releasing funds for the implementation of the alleged payment shortfall and that almost all the lecturers and some of the non-academic staff who were approved by the Management including those who were on his rank and cadre had received their payments on level 15.
Justice Adeniyi stated that Mr. Adamu did not tender in evidence any document upon which he based his calculation or the said structure of the National Wages Commission to be entitled to the reliefs sought.
Lastly, the case was dismissed in its entirety for lacking merit.