Hon. Justice Olufunke Anuwe of the Abuja Judicial Division of the National Industrial Court has declared the failure of the Clerk of the National Assembly to pay Abed Anyadike the sum of N10,215,756.14 being the outstanding sum of his Salary and Allowances for the period of his appointment as Senior Special Assistant to the Speaker, House of Representatives, from 2nd January 2013 to 29th May 2015 amounts to a breach of contract of employment.
The Court ordered the Clerk of the National Assembly to pay Mr Anyadike the sum of N10,215,756.14 being the outstanding sum of his Salary and Allowances for the period of his appointment as Senior Special Assistant to the former Speaker of the House of Representatives.
From facts, the claimant- Mr Abed Anyadike had submitted that he was appointed a Senior Special Assistant to the former Speaker of the House of Representatives on the 2nd January 2013 by the Clerk of the National Assembly and his appointment was later formalized on the 11th September 2013 and he worked in that capacity until 29th May 2015, the expiration of the office of the then Honourable Speaker of the House of Representatives, Rt. Hon. Aminu Waziri Tambuwal, on 29th May 2015.
Mr. Anyadike averred that all efforts to recover his outstanding salary entitlement were to no avail and he has suffered deprivations and economic hardship as a result of the Clerk’s refusal to pay him the outstanding sum due to him.
In defence, the defendant- the Clerk of the National Assembly counsel maintained that there is no amount of money belonging to Mr Anyadike that remains outstanding and further that Mr Anyadike was employed by the Speaker of the House of Representatives in the 7th National Assembly through the Clerk’s office, and urged the Court to dismiss the case in its entirety.
In opposition, the learned counsel to Mr. Anyadike, A. M. Aliyu Esq counsel opposed the assertion of the Clerk and urged the Court to grant the reliefs sought in the interest of justice.
In a well-considered judgment, the Presiding Judge, Justice Olufunke Anuwe held that the defendant did not prove the assertion that Mr Anyadike was employed by the Speaker of the House of Representatives because the evidence before the court reveals that Mr Anyadike was appointed by the office of the Clerk of the National Assembly to serve under the Speaker of the House of Representatives as Senior Special Assistant.
The Court held that the Clerk of the National Assembly appointed Mr Anyadike as Senior Special Assistant to the Speaker of the House of Representatives vide Exhibit A and cannot change the content of the letter which he signed.
Justice Anuwe stressed that in view of the terms of Mr Anyadike’s appointment letter, the defendant had no justification for failing to pay the claimant salaries and allowances accruing to the claimant before September 2013.
The Court affirmed that the Clerk of the National Assembly is indebted to Mr Anyadike for his salary and allowances for the said period, and the claimant has proved his claim in accordance with the law.
Lastly, Justice Anuwe awarded the sum of N500,000 in favour of the former aide as the cost of action.