Hon. Justice Osatohanmwen Obaseki-Osaghae of the Abuja Judicial Division of the National Industrial Court has ordered the Nigerian Navy, the Nigerian Navy Board, and the Chief of Naval Staff to immediately restore Commodore Adebayo to his pre-trial rank of Commodore, effective 27th September 2016. The order, which aligns with previous judgments of the Court of Appeal and Supreme Court, also mandates payment of outstanding salaries, allowances up to September 2022, and terminal benefits within 60 days.
The Court ruled that failure to comply would make the Nigerian Navy, the Navy Board, and the Chief of Naval Staff jointly and severally liable to pay Commodore Adebayo N300 million in damages.
Justice Obaseki-Osaghae criticized the Navy for contempt, noting that Commodore Adebayo was still effectively serving a demotion from Commodore to Captain despite the appellate court orders. The Commodore had initially been convicted by a Special Court Martial in 2016 and reduced in rank, but the Court of Appeal nullified the conviction and directed his reinstatement—an order that was repeatedly ignored.
Commodore Adebayo argued that the Navy’s refusal to restore his rank prevented him from being considered for promotion to Rear Admiral in 2022. He also contended that he received a notice of voluntary retirement in June 2023 while the Navy’s appeal was still pending before the Supreme Court.
In defense, the Navy claimed his rank had been restored in 2022 following administrative procedures, that promotion to Rear Admiral is not automatic, and that retirement followed standard military regulations.
The Commodore’s counsel, Odion Peter Odia Esq., countered that the Navy’s restoration was a promotion letter in disguise, not compliance with the Court of Appeal’s order, and that Commodore Adebayo’s seniority had been unlawfully compromised.
Delivering judgment, Justice Obaseki-Osaghae affirmed that the Navy was aware of the Court of Appeal’s 2018 order but failed to comply. He emphasized that restoration and promotion are distinct, and failure to restore Commodore Adebayo in a timely manner caused him to lose seniority and disadvantage in the Service.
The Court underscored that Commodore Adebayo had been unfairly treated as a Captain for promotion purposes instead of being recognized as a Commodore. In addition to restoration and back pay, the Court awarded him N5 million in costs, reinforcing the judiciary’s commitment to upholding the rule of law and public confidence in the legal system.
