The Court of Appeal in Abuja on Friday, ordered immediate reinstatement of ACP James Idachaba, who was compulsorily retired by the Police Service Commission (PSC).
Justice Mohammed Danjuma, who delivered the lead judgment, also reversed the directive by the PSC, requiring him to refund eight years’ salaries with effect from Aug. 1, 2025.
The appellate court, in the appeal filed by Idachaba’s lawyer, Chikaosolu Ojukwu, SAN, set aside the decision of the National Industrial Court of Nigeria (NICN).
Justice O.O. Oyewumi of the NICN had, on 15 May, 2024, dismissed Idachaba’s originating summons challenging his compulsory retirement from the force.
At the trial court, Idachaba stated that, following his promotion to the rank of assistant commissioner of police in 2023, he noticed that his salary was stopped by the PSC and the police after a decision was made to compulsorily retire him without a “fair hearing.”
He added that the PSC failed to provide him with any documents containing the allegations brought against him or the record of the proceedings of the plenary where the purported decision to summarily retire him was reached.
His lawyer, Ojukwu, sought 11 reliefs.
He argued that the compulsory retirement and salary refund directive constitute a violation of his right to a fair hearing and are therefore null, void, and of no effect.
He urged the court to compel PSC to reinstate his client immediately and unconditionally, restoring him to the rank of ACP with all rights, entitlements, and emoluments from Aug.18, 2023, among other reliefs.
However, the NICN, on May 15, 2024, dismissed Idachaba’s suit on the grounds that the appellant failed to prove his case or justify why the court’s discretionary power should be exercised in his favour.
Dissatisfied with the judgment, the appellant filed his appeal on Sept. 24, 2024.
But the police opposed the appeal.
Delivering the judgment on Friday, the three-member panel of justices held that the issues formulated for determination were resolved in favour of Idachaba and against the respondents.
“It follows that this appeal is meritorious and hereby succeeds,” the judge said.
The judge ordered that the judgment of the lower court, in suit number: NICN/ABJ/288/2023, is hereby set aside.
The appellate court also awarded the sum of N2 million against the 1st and 2nd respondents to be paid jointly and severally.(NAN)
