The Court of Appeal in Abuja on Friday ordered the immediate reinstatement of ACP James Idachaba, who was compulsorily retired by the Police Service Commission (PSC).
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Justice Mohammed Danjuma, delivering the lead judgment, also overturned the PSC’s directive requiring Idachaba to refund eight years’ salaries effective from August 1, 2025.
The appellate court, responding to an appeal filed by Idachaba’s lawyer, Chikaosolu Ojukwu, SAN, set aside the decision of the National Industrial Court of Nigeria (NICN).
Justice O.O. Oyewumi of the NICN had on May 15, 2024, dismissed Idachaba’s originating summons challenging his compulsory retirement.
At the trial court, Idachaba stated that after his promotion to assistant commissioner of police in 2023, his salary was stopped following a decision by the PSC and the police to compulsorily retire him without a fair hearing.
He added that the PSC did not provide him with any documents outlining the allegations or the plenary proceedings that led to his retirement.
His lawyer argued that the compulsory retirement and salary refund directive violated Idachaba’s right to a fair hearing and were therefore null and void.
The lawyer requested that the court order the PSC to reinstate Idachaba immediately, restoring all rights, entitlements, and emoluments from August 18, 2023.
The NICN dismissed the suit on grounds that Idachaba failed to prove his case or justify the exercise of the court’s discretion in his favour.
Idachaba appealed the judgment on September 24, 2024, but the police opposed the appeal.
Delivering judgment, the three-member appellate panel held that the appeal was meritorious and succeeded.
The judgment of the lower court in suit number NICN/ABJ/288/2023 was set aside.
The appellate court also ordered the respondents to jointly and severally pay Idachaba N2 million.
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