The Presiding Judge, Abuja Judicial division of the National Industrial Court, Hon. Justice Osatohanmwen Obaseki-Osaghae, has declared the Police Service Commission’s compulsory retirement of DIG Moses Jitoboh before his mandatory 60-year retirement age or 35 years in service by a letter dated 25 August 2023 as wrongful, unlawful, null and void, and a violation of the Public Service Rules and the Nigeria Police Act 2020.
The Court set aside DIG Jitoboh’s purported compulsory retirement; and declared that Moses Jitoboh remains Deputy Inspector General of Police up until 10th June 2029 when he would have served for 35 years in service.
Justice Obaseki ordered the Police Service Commission to immediately pay DIG Moses Jitoboh all his outstanding salaries and allowances.
While acknowledging that DIG Moses Jitoboh’s appointment was abruptly terminated and carries a stigma that will be with him for the rest of his life; his dignity and self-worth as Deputy Inspector General of Police no doubt affected, the Court ordered the Police Service Commission to pay DIG Moses Jitoboh the sum of N50,000,000.00 (Fifty Million Naira) as general damages, and the sum of N750,000.00 (Seven Hundred and Fifty Thousand Naira) cost of action.
From facts, the Claimant- Moses Jitoboh had pleaded that he is a Deputy Inspector General of Police, Nigeria Police Force; and averred that in the absence of any established wrongdoing leading to dismissal from service or voluntary retirement, it was unlawful to be compulsorily retired by the Police Service Commission from service before attaining the statutory age of sixty (60) years or thirty-five (35) years of service whichever is earlier as provided under the Public Service Rules and the Nigeria Police Act, 2020.
Moses Jitoboh averred that in the history of the Nigeria Police Force, evidence abounds that where a junior officer is appointed to a higher rank, his senior (s) before such a promotion are not compulsorily retired but are allowed to serve in different capacities until their statutory retirement age is attained or upon attaining of thirty-five (35) years in service, whichever comes first.
In defence, the Defendant—Police Service Commission—averred that Moses Jitoboh was lawfully retired from the Nigeria Police Force pursuant to a decision reached at a meeting of the Commission’s Management Committee.
The Police Service Commission argued further that the Police Act 2020, relied upon by Moses Jitoboh to claim that his retirement is 60 or 35 years, whichever comes earlier, does not exist, having been nullified by the Supreme Court.
In addition, the Police Service Commission urged the Court to dismiss the case for being incompetent on the ground that Moses Jitoboh did not issue a pre-action notice within the meaning and letters of the Police Service Commission (Establishment) Act.
In opposition, Moses Jitoboh’s learned counsel, Joseph Silas Esq averred that as of 25th August, 2023, the Police Service Commission Board was not in existence as the last appointed Board had already served out its tenure on 24th July, 2023.
Learned Counsel argued that the action of the Defendant in the purported compulsory retirement of his client prior to his mandatory retirement age notwithstanding Moses Jitoboh’s willingness to serve his fatherland and reach the peak of his career amounts to a wrong and urged the Court to grant the reliefs sought.
Delivering judgment after careful evaluation of the submission of both parties and the evidence before the Court, the Presiding Judge, Justice Obaseki-Osaghae affirmed that Moses Jitoboh issued the Police Service Commission with a pre-action notice, and dismissed the objection for lacking merit.
Justice Obaseki-Osaghae reasoned that the reasons proffered in the extract from the minutes, and the notice of compulsory retirement issued by the Police Service Commission are at best mere statements of policy intent; they have no force of law, and they are in conflict with the provisions of the Public Service Rule, and the Nigeria Police Act which read together provide that the compulsory retirement age for all grades of officers in the public service shall be 60 years or 35 years of pensionable service whichever is earlier.
Justice Obaseki stated that the Police Service Commission must show the Court where it derived its powers to compulsorily retire Jitoboh, a public officer with no blemish, thereby terminating his appointment before the constitutional/statutory mandatory retirement age.
The Court found that Moses Jitoboh has been in the service of the Nigeria Police Force since 1994 without any allegations of wrongdoing in the course of his duties; nor has he been found wanting in the performance of his duties.
ustice Obaseki reiterated that there is no evidence before the Court that the position of Deputy Inspector General in the Police Force has been abolished, and the state of the law today is that Moses Jitoboh cannot be compulsorily retired from service by the Police Service Commission unless he has attained 60 years of age, or has spent 35 years in service whichever is earlier.
The Court held that DIG Jitoboh’s premature compulsory retirement through newspaper publications, and by the letter of notification was unlawful, null and void and of no effect, and further that DIG Jibotoh was not compulsorily retired in the public interest as there would have to be proof of public interest and justification before the Court in such a situation.
