Court orders Benue govt. to pay widow deceased husband’s N6m death benefits

The National Industrial Court in Makurdi, Benue State, has ordered the state government to pay more than N6.8 million as death benefits to the widow of a deceased official of the state.

Judge Isaac Essien ordered the payment of death benefits, which had been due since May 2017, to the widow of Linus Otigbo, according to the synopsis of the judgement shared on the court’s website on Tuesday.

Mr Otigbo passed away on 20 February 2016, in active service as a Grade Level 10 officer in the state’s Ministry of Lands & Survey. At the time of his death, he had dedicated nearly 29 years to his role.

His widow, identified as Mrs Otigbo, who is the next of kin and Administrator of the Estate of his estate, filed her suit after waiting to no avail for the state government to pay her the deceased’s death benefits.

She sued the Government of Benue State, the state’s Bureau of Pensions and the Attorney General.

Trauma

In the suit, she recalled that her late husband was employed by the Benue State Government on pensionable appointment dated 11 March 1987.

She said her husband was promoted up to grade level 10 officer in the Ministry of Lands & Survey until he died in active service on 20 February 2016.

Through her lawyer, A. O. Aruta, the claimant said all efforts to get her late husband’s death benefits from the state government were to no avail.

In addition to claiming her husband’s death benefits, she alleged neglect by or refusal of the Government of Benue State to pay the late husband’s pension and gratuity entitlements. She said this caused her and the other beneficiaries of the Estate of the deceased untold hardship, psychological trauma and economic hardship.

She claimed general damages in the sum of N20 million.

She urged the court to grant all the prayers sought in her suit.

Meanwhile, the state government and its co-defendants did not defend the suit.

They did not file any defence against the action, despite being served with the court processes and hearing notices, the judge noted.

Judgement

In his judgement, Mr Essien held that where the evidence in support of a party’s case remains unchallenged, a court can safely rely on it and act on it as proof of facts before the court.

Giving judgement in favour of the claimant, the judge held that the failure of the Government of Benue State to pay Mr Otigbo’s death benefits when it became due on 18 May 2017 as shown on the computation of death benefit “has caused untold hardship to the dependants of the late Linus Otigbo who died in active service.”

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He ordered the state government to pay Mrs Otigbo N6,869,622.00, “being the death benefits of the late Otigbo Linus.”

He also awarded N2 million as general damages to the widow, “for the sufferings, untold hardship, pains and psychological trauma” the state government caused her.

The judge also ordered that the sum awarded shall attract interest at the rate of five per cent interest from the judgement date until the sum was fully liquidated.

Death benefits

In Nigeria, the lack of timely payments of death benefits by state governments has become a pressing issue which pushes many families into untold hardship.

When a government employee passes away, their family members often bank on these benefits to sustain themselves financially as the deceased might be their breadwinner.

But, the delays in payment usually birth severe financial difficulties, forcing families to struggle with basic needs like food, access to healthcare, and sound education.