Court Voids Police Officer’s Retirement, Orders N17M Payment And Reinstatement

The Court ordered the Police Service Commission, the Nigeria Police Force and the Inspector General of Police to recall Officer Fidelis to the Nigeria Police Force and reinstate him to the rank he was before his removal and thereafter be presented for promotion by the Police Service Commission.

Justice Agbadu-Fishim also directed the Police Service Commission, the Nigeria Police Force and Inspector General of Police to pay forthwith to Officer Fidelis the sum of N11,915,300.00 (Eleven Million, Nine Hundred and Fifteen Thousand, Three Hundred Naira Only) being arrears of salary owed to Officer Fidelis from 2006 to 2013 which is the period of his trials, then 2013 to 2022 (during his unlawful forced retirement despite being discharged and acquitted), totaling sixteen (16) years and all other entitlements.

In his wisdom, the Court awarded the sum of N5,000,000 (Five Million jointly and severally against the Police Service Commission, the Nigeria Police Force and the Inspector General of Police in favour of Officer Fidelis as cost of action.

From facts, the claimant- Officer Fidelis had submitted that during the pendency of the Charge for alleged misconduct, he had been on a constructive suspension from the Nigeria Police Force and to date, no official document/correspondence was informing him of the state of his employment with the Nigeria Police Force.

Officer Fidelis maintained that he wrote for his reinstatement, and rather than reinstatement, the Defendant reinstated him and in the same letter compulsorily retired him retrospectively.

However, the Police Service Commission, the Nigeria Police Force and the Inspector General of Police failed to file a defence to the matter despite being served with the court processes.

Learned Counsel to the claimant argued that the premature retirement of Officer Fidelis in these circumstances was unlawful, illegal and unconstitutional, that a police officer, being a public officer, can only be compulsorily retired under specific conditions as stipulated by law.

Delivering judgment after careful evaluation of the submissions of both parties, the Presiding Judge, Justice James Agbadu-Fishim expressed that Officer Fidelis must have to succeed only on the strength of his case, as those declaratory reliefs cannot be granted on speculation or guesswork or reliance on want or lack of defence, weakness of defence or even upon admission by the Defendants.

The Court faulted the decision of the Police Service Commission, the Nigeria Police Force and the Inspector General of Police to simultaneously retire Officer Fidelis, who is neither up to the compulsory retirement age of 60 years nor has spent 35 years in service.

Justice Agbadu-Fishim held that Officer Fidelis, as a police officer, is a public officer whose employment is governed by the Constitution of the Federal Republic of Nigeria, the Nigeria Police Act, and all other enactments that regulate police service in Nigeria, including the Public Service Rules.

The Court held that Officer Fidelis had satisfied the minimum of proof required in the case and declared the defendants’ premature and retrospective retirement of Officer Fidelis unlawful, illegal, and unjustifiable.