Hon. Justice Olufunke Anuwe of the Abuja Judicial Division of the National Industrial Court has ordered the Police Service Commission, IGP and Force Secretary to amend CSP Sogbade Musiliu and all members of Course 31/1990 (force entrants) of the Police Academy’s record of service to reflect 2nd April 1990 as the date of their first appointment.
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The Court declared the retirement of CSP Sogbade Musiliu and other members of course 31/1990 (Force Entrants) of the Police Academy as unlawful for being contrary to their date of first appointment as Cadet Inspectors in the year 1990.
Justice Anuwe set aside the retirement of CSP Sogbade Musiliu, and other members of course 31/1990 (Force Entrants) of the Police Academy from the service of the NPF before their due date of retirement, and ordered the Police Service Commission, IGP and NPF Force Secretary to compute and pay CSP Sogbade Musiliu, and others who were retired prematurely all their salaries, allowances and other entitlements from the date of their respective unlawful retirements to 2nd April 2025 when they are deemed to have lawfully retired from service.
From facts, the claimants- CSP Sogbade Musiliu, and other members of Course 31/1990 had submitted for themselves and on behalf of all members of Course 31/1990 (Force Entrants) of the Police Academy, brought the Complaint on 9th May 2023.
CSP Sogbade who testified that sometimes in 1989, the Nigeria Police Force advertised for vacancies in the establishment of Cadet Inspectors of Police and some of their members who are already serving police officers but interested in the program and who had university degrees or other qualifying certificates were directed to resign and apply for the program afresh like their civilian counterparts and that any successful candidate who is appointed as Cadet Inspector are deemed to have resigned their earlier appointment and cannot claim any right or privilege over and above their civilian counterparts which they complied.
In defence, the 2nd and 3rd defendants- Inspector General of Police and Force Secretary, Nigeria Police Force contended that CSP Sogbade Musiliu and other members of course 31/1990 date of first appointment into the Nigeria Police Force, remain the respective dates they were recruited into the NPF as rank and file and not 1990.
The witness to the Inspector General of Police and Force Secretary, Nigeria Police Force asserted that when CSP Sogbade Musiliu and other members of course 31/1990 applied for the Cadet Inspector Course pursuant to the 1989 signal/advertisement, they did not resign their initial appointment with the Police Force as directed in the signal before they took up the new appointment.
The Inspector General of Police and Force Secretary, Nigeria Police Force averred that CSP Sogbade Musiliu, and other members of course 31/1990 continued to receive their salaries till the end of the training and did not resign their initial appointment as constables and as such, the date of their first appointment into the NPF remains the date they were first recruited as constables.
In opposition, the learned counsel to the affected Police officers, Teslim Agboola Esq with Mohammed Lawal Esq argued that their clients their retirement dates are to be calculated from 2nd April 1990, and averred that some of their clients had been retired from service and those who are not yet 35 years in service will be mandated to proceed on retirement when they are 35 years in service, and urged the Court to grant the reliefs sought.
In a well-considered judgment, the Presiding Judge, Justice Olufunke Anuwe held that by virtue of the letter issued to CSP Sogbade Musiliu and other members of course 31/1990, the appointment is to take effect from the date they resume duty or report for training not later than 2nd April 1990.
The Court reasoned that the content of the appointment letter clearly shows that the appointment of CSP Sogbade Musiliu as Cadet Inspector in 1990 was a fresh appointment detached from his earlier service in the NPF, and they were deemed to have resigned from their earlier appointments.
The Court ruled that the date CSP Sogbade Musiliu, and other members of course 31/1990 are to be considered for retirement on grounds of years of service should start counting from the date of the fresh appointment in the year 1990, and that the Inspector General of Police and Force Secretary, Nigeria Police Force cannot retire CSP Sogbade Musiliu, and other members of course 31/1990 based on the date of their earlier enlistment into the NPF as rank and file.
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