The National Industrial Court has made a significant ruling, ordering the Police Service Commission (PSC) to pay retired Assistant Inspector General of Police (AIG) Mbu Joseph Mbu the sum of N40 million as general damages. This decision by Justice Osatohanmwen Obaseki-Osaghae is a result of Mbu’s unlawful retirement before reaching the mandatory age of 60 years.
In her ruling, Justice Obaseki-Osaghae declared, “I hold that the claimant’s premature retirement through a press release on July 2, 2016, is unlawful, unconstitutional, null and void and of no effect.” The court also nullified the purported retirement, asserting that Mbu remained an officer of the Nigeria Police Force until he turned 60 on May 10, 2018.
Furthermore, the court directed the defendant to compensate Mr. Mbu for his salaries, allowances, and entitlements from July 2, 2016, when he was retired, until May 10, 2018, when he was supposed to retire at the age of 60.
The judge, while delivering the judgment, ordered the payment of N750,000 to the claimant as the cost of the suit. Additionally, failure to comply with the court’s orders within 30 days will result in a 10% interest per annum.
However, the court declined the relief of promotion to the position of Deputy Inspector General (DIG) and reinstatement, as the claimant had already reached the mandatory retirement age on May 10, 2018, when the case was pending.
Mr. Mbu instituted the suit against the Police Service Commission, claiming his compulsory retirement on July 2, 2016, while serving as the commandant of the Police Staff College. In his statement of facts, Mbu stated that he was born on May 10, 1958, had joined the police force on December 11, 1985, and had not reached the mandatory retirement age of 60 or completed 35 years in service before his retirement in 2016.
Among other reliefs sought, Mbu requested that the court invalidate his retirement due to the lack of statutory notice. He also demanded the payment of his salaries, allowances, and other entitlements from July 2016 to 2018 when he should have retired.
The defendant argued that Mbu was not retired through a press release but was rather pulled out from the force in a ceremonial event. They also contended that promotion in the force is not automatic and that Mbu did not meet some of the requirements for promotion. The defendant claimed that the reorganization in the Nigeria Police Force at the time of Mbu’s retirement followed due process and that he was not the only one affected.
Although the defendant failed to appear in court to conduct its defense, the court stated that this did not absolve the claimant from the burden of proof. Justice Obaseki-Oasaghae emphasized that pleadings cannot be considered as evidence and reaffirmed that the defendant’s absence in court, despite receiving multiple hearing notices, meant they had abandoned their case.
With credible evidence presented and unchallenged by the defendant, the court ruled in favor of Mbu, granting him some of the reliefs sought.
This ruling serves as a vital precedent, ensuring fairness in the retirement process for police officers and underscoring the importance of adhering to legal procedures. The Nigeria Police Force and the Police Service Commission must take note of this judgment and work towards preventing similar occurrences in the future.
NAN
