The Court of Appeal on Friday ordered the Police Service Commission to immediately reinstate the compulsorily retired Assistant Commissioner of Police (ACP), James C. Idachaba, to his rank, while also reversing a directive requiring him to refund eight years’ salaries with effect from 01/08/2015.
Justice Mohammed Danjuma delivered the lead judgment in an appeal filed by Idachaba’s lawyer, Chikaosolu Ojukwu SAN, against the Commission and the Nigeria Police Force (NPF).
The Appeal Court set aside the decision of the National Industrial Court, delivered on 15 May 2024 by Justice O.O. Oyewumi (as he then was), which had dismissed Idachaba’s originating summons challenging his compulsory retirement from the force.
His lawyer, Ojukwu SAN, sought 11 reliefs, including a declaration that:
“…upon a combined interpretation of the Claimant’s letter of appointment with reference No. CE/2720/PERS/C/ASP/2000/VOL.T2, dated 24th April, 2000, vis-à-vis the provisions of section 214 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Paragraph 30 of Part 1 of the Third Schedule to the Constitution, section 6 of the Police Service Commission (Establishment) Act, 2001, section 18(8) of the Nigeria Police Act 2020, and Rule 020810 of the Public Service Rules, 2009, the 1st Defendant (PSC) cannot lawfully and/or validly compulsorily retire the Claimant from the service of the 2nd Defendant (NPF).”
He asked the court to:
The PSC should be compelled to reinstate the claimant immediately and unconditionally, restoring him to the rank of Assistant Commissioner of Police with all rights, entitlements, and emoluments from 18/08/2023.
“It follows that this appeal is meritorious and hereby succeeds,” the judge said.