July 03, (THEWILL) – The National Industrial Court has ordered the Police Service Commission (PSC), to pay retired AIG Mbu Joseph Mbu, the sum of N40 million as general damages.
Justice Osatohanmwen Obaseki-Osaghae gave the order while ruling in a case of unlawful retirement, filed by Mbu, against the defendant (PSC).
Mbu had instituted the suit against the commission, over his alleged compulsory retirement on July 2, 2016, when he was the commandant of the Police Staff College.
In his statement of facts, Mbu claimed he was born May 10, 1958, and joined the police on December 11, 1985, and had not reached the mandatory retirement age of 60, nor had he spent 35 years in service before he was retired in 2016.
He sought, amongst other reliefs, an order of the court, to invalidate his retirement, which he claimed was done via a press release, as he was never served statutory notice of retirement; an order of the court directing the defendant to pay his salaries, allowances and other entitlements from July 2016 to 2018, when he would have been due for retirement; payment of all terminal benefits, N500 million as general damages and N20 million as cost of the suit.
The defendant on its part, through processes, stated that the claimant was not retired through press release, but that he was pulled out from the force in a ceremonial event.
The defendant equally averred that promotion in the force is not automatic and that the claimant did not meet some of the requirements for promotion.
According to the defendant, the reorganisation in NPF at the time of the claimant’s retirement, followed due process and the claimant was not the only person affected
Delivering ruling on Monday, Justice Obaseki-Osaghae said, ”I hold that the claimant’s premature retirement through a press release on July 2, 2016, is unlawful, unconstitutional, null and void and of no effect.”
The court set aside the purported retirement and declared that the claimant remained an officer of the Nigeria Police Force (NPF), until he attained the mandatory retirement age of 60 on May 10, 2018.
It also ordered the defendant to pay Mbu his salaries, allowances and entitlement from July 2, 2016, when he was retired until May 10, 2018, when he ought to have retired having attained 60 years.
The judge, while delivering the judgement, ordered that the sum of N750,000 be paid to the claimant as cost of the suit, stating that failure of the defendant to comply with the orders of the court within 30 days will attract a 10 percent interest per annum.
The court, however, declined the relief of promotion to the position of a DIG and reinstatement sought by the claimant.
This, the court explained cannot be sustained, as the claimant had reached the mandatory retirement age on May 10, 2018 when the suit was pending.
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