Politicians’ Aides Are Not Political Office Holders -Court

The Makudi, Benue State division of the National Industrial Court (NICN) has declared that Politicians’ Aides, such as  Senior Special Assistants, Personal Assistants and others are not political or public office holders and should not be described as such. 

Presiding judge of the court, Justice Justice Isaac Essien, made the declaration while delivering judgment in a suit filed by some political assistants to the former Benue State governor, Gabriel Suswam, over non-payment of entitlement after they were relieved of their appointment.

The claimants, Simon Tarhemba; Catherine Ommiche; Hon. Yachiga Cyprian representing 361 others, who were appointed as Senior Special Assistants, Special Assistants and Personal Assistants to the former Governor, Gabriel Suswam, between 2011 and 2015, had told the court that they… 

They had asked the court to compel the Benue State governor to pay them furniture allowances and other fringe benefits payable pro rata, including but not limited to severance packages and terminal benefits under the Political, Public and Judicial Office Holder (Remuneration) Laws, 2007 of Benue State.

But the defendants, the Benue State government of Benue State in its preliminary objection filed before the court, challenged the court’s jurisdiction, on the ground that the action is based on a repealed legislation, and the allowances claimed by the Claimants are not provided for under the Political, Public and Judicial Office Holders (Remuneration) Law of Benue State, 2008 among others.

It therefore urged the court to dismiss the suit for wants of jurisdiction. 

The counsel to the Benue Government argued that the foundation of the former aides’ claim is faulty because the law relied upon has been repealed. Counsel argued further that S.2 of the Political, Public and Judicial Office Holders (Remuneration) Law 2008 of Benue State does not list the claimants as being among the class of persons who can take any benefit under that law.

Responding, the claimants’ counsel argued that the government’s argument is misleading, as their clients being political appointees of the Governor are Public office holders and thus entitled to the fringe benefits and other allowances provided in the Political, Public and Judicial Office Holders (Remuneration) Law 2008.

Delivering judgment in the suit, Justice Isaac Essien, held that Hon. Simon Tarhemba, Hon. Catherine Ommiche, Hon. Yachiga Cyprian’s action was commenced under a repealed law and a repealed legislation is to be treated as if never existed.

The judge added that the argument by the former aides’ counsel that the existence of the Political, Public and Judicial Office Holders (Remuneration) Law 2008 makes the claim grantable cannot be valid.

Justice Essien further stated that Senior Special Assistants, Special Assistants and Personal Assistants are not listed amongst the class of persons who are entitled to take benefit under the First Schedule to the Political, Public and Judicial Office Holders (Remuneration) Law 2008 of Benue State.

“The positions of Senior Special Assistants, Special Assistants and Personal Assistants no matter the nomenclature used in describing persons appointed into that position are not recognized under the 1999 Constitution or under the Political, Public and Judicial Office Holders (Remuneration) Law 2008 as Political Office Holders or Public Office Holders. They cannot, therefore, take any benefit created under these enactments.

“This Preliminary Objection succeeds. It is the order of this court that the statement of claim in this action is hereby struck out and this suit is hereby dismissed.” the judge ruled.

Justice Essien ruled that the action of Hon. Simon Tarhemba, Hon. Catherine Ommiche, Hon. Yachiga Cyprian having been instituted under a repealed law has no legal fulcrum upon which the action can rest; awarded the sum of N500,000 as cost of action in favour of the Benue State government.

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