In a significant ruling on Monday, the National Industrial Court has ordered the Police Service Commission (PSC) to compensate retired AIG Mbu Joseph Mbu with the sum of ₦40 million as general damages. The court declared the claimant’s premature retirement through a press release on July 2, 2016, as unlawful, unconstitutional, null and void.
The court further set aside the alleged retirement and declared that Mbu remained an officer of the Nigeria Police Force (NPF) until he reached the mandatory retirement age of 60 on May 10, 2018. Additionally, the defendant has been directed to pay Mbu his salaries, allowances, and entitlements from July 2, 2016, when he was retired until May 10, 2018, the date he should have retired.
Justice Obaseki-Osaghae, while delivering the judgment, also ordered the defendant to pay ₦750,000 to the claimant as the cost of the suit. The judge emphasized that failure to comply with the court’s orders within 30 days would attract a 10 percent interest per annum.
However, the court denied the claimant’s request for promotion to the position of a DIG (Deputy Inspector General) and reinstatement, as Mbu had already reached the mandatory retirement age by the time the suit was pending.
According to the claimant, Mbu, he was unlawfully retired on July 2, 2016, while serving as the commandant of the Police Staff College. He argued that he had not reached the mandatory retirement age of 60 and had not completed 35 years of service at the time of his retirement. Mbu sought the court’s intervention to invalidate his retirement, claiming that it was done through a press release without serving him statutory notice.
Among other reliefs, Mbu also requested the court to direct the defendant to pay his salaries, allowances, and other entitlements from July 2016 to 2018, when he would have been due for retirement. He further sought compensation for terminal benefits, ₦500 million as general damages, and ₦20 million as the cost of the suit.
The defendant, in its defense, argued that Mbu’s retirement was not through a press release but rather in a ceremonial event. The defendant also contended that promotion in the force is not automatic and that Mbu did not meet certain requirements for promotion. The reorganization in the NPF at the time of the claimant’s retirement was stated to have followed due process, affecting multiple individuals.
Although the defendant failed to appear in court to present its defense, the court held that the claimant still had the burden of proof. Justice Obaseki-Osaghae stated that the defendant was deemed to have abandoned its case as it did not contest the claimant’s submissions. With credible evidence presented by the claimant, the court found in his favor, granting some of the reliefs sought.
