Benue Investment and Property Company Limited BIPC has filled her Statements of Defence and Counter Claim in response to Suit No. NICN/MKD/106/2024 between the Former Managing Director/CEO , Dr. Alex Ter. Adum Vs. Benue State Government and the Hon. Attorney General and Commissioner for Justice and Public Order.
The Former Managing Director has filed the subject suit challenging the termination of his appointment as the Managing Director of BIPC sued in the subject suit as the 3rd Defendant and Claimant to the Counter Claim.
In line with the Rules and Practice of the National Industrial Court, the matter was listed on the general court list and mentioned today being the 28th day of February 2025. The records of the court, as confirmed by the bailiff and clerks, indicate that both parties were served with the originating and allied processes.
Counsel to the 3rd Defendants, Mr Nathans Gwebe Esq, moved the court to regularised and deemed his processes that were filed out of time as properly filed and served having paid the necessary fees.
The Former Managing Director in his claims and reliefs sought before the honourable court alleged that by virtue of his appointing instrument, he was supposed and thus entitled to served for an uninterrupted tenure of five (5) years as the Managing Director of the 3rd Defendant effective from 20th August 2019 to 19th July 2024.
He averred that his appointment was however terminated on the 1st day of June, 2023 vide a letter from the 1st Defendant’s Secretary without payment of gratuity and other surveillance benefits as provided in the 3rd Defendant’s Human Resource Policy Mannual also known as Condition of Service.
According to his Statement of Claim, He is entitled to #28.5 million Naira being salaries and allowances for the remaining fifteen (15) months of his tenure.
He further averred that he was entitled to an official car (SUV) or its monetary equivalent of #130.7 million naira and accordingly urged the court to compelled the Defendants to pay him the aforementioned sum in addition to the payment of 30 Million Naira comprising of cost of filing the subject suit, special and general damages.
In response to the Former Managing Director’s claim as indicated above, counsel to the 3rd Defendant (BIPC) Nathans Gwebe Esq, opposed the grant of the alleged entitlements in the Company’s Statement of Defence and also filed a Counter Claim against the Claimant (Former Managing Director Alex Ter Adum)
BIPC’s Counter Claim indicates that the Company’s Board of Directors had approved the purchase of official vehicles for Top Management Staff of the Company including but not limited to the Former Managing Director Alex Ter Adum. in furtherance of the reference Board of Director’s approval, the Former Managing Director Alex Ter Adum, approved and accordingly authorised the withdrawal of N142.4 Million from the Company’s account on the 17th day of April 2023 for the purchase of the official vehicles. Out of the approved and released sum as stated above, the Former Managing Director Alex Ter Adum collected the sum of N65.8m as the market value of his official vehicle.
The Company’s Counter Claim also specified the Former Managing Director’s Entry Grade Level and Salary to wit:
1. GL. 14
2. Gross Monthly Salary; #481,538.54
3. Monthly Net Salary; #252,208.16
The figures quoted in the Former Managing Director’s Statements of Claim as salaries and allied entitlements were therefore hotly contested in the Company’s Counter Claim.
The Company’s Counter Claim also shows that payroll entitlements and associated allowances must be earned by staff of the Company hence the Former Managing Director Alex Ter Adum has not earned any of the alleged entitlements during the period in issue to warrant the payment of the alleged sum to him.
The Company’s Counter Claim also indicates that the Former Managing Director Alex Adum collected the sum of #13,712, 224.00 to attend an international workshop in the United State of Amercia but failed and or refused to attend and participate in the workshop on behalf of the Company and has deliberately refused to refund the above sum to the Company despite repeated.
Paragraph 8 of the Company’s Counter Claim further shows that the Former Managing Director Alex Ter Adum took one of the Company’s Pool Toyota Hilux Van registered as MKD 47 MT valued at 35 Million without Board or Management approval in violation of the Company’s Policy which he personally approved in addition to the approved official car to which he collected 65.8 million naira.
Based on the foregoing, the Company is Counter Claiming the sum of 104,617, 849.00 against the Former Managing Director Alex Ter Adum comprising of special and general damages.
The Presiding Judge, Hon. Justice Isele adjourned the matter to 27th May 2025 for hearing.
