Court Adjourns Suit Against PSC, IGP Over ‘Forceful Retirement’ Of Policemen
The National Industrial Court of Nigeria, Abuja, has adjourned ruling on the suit filed by Course 18, 19, and 20 (force entrants) of the Police Academy challenging their alleged forceful retirement from the Nigeria Police Force by the Police Service Commission (PSC), Inspector General Of Police (IGP), Kayode Egbetokun; and the Force Secretary.
The court had earlier slated Tuesday to deliver the ruling but when the matter was called, the trial judge, Justice R. B. Haastrup announced that the ruling was not ready.
The judge consequently adjourned the ruling till March 17 and ordered that hearing notices be served on the 2nd and 3rd defendants in the matter.
However, counsel for the claimants, Goddy Uche (SAN), informed the court that the 2nd and 3rd defendants, who were not in court allegedly reduced the rank of some of the claimants and retired them from service while the case was still pending in court.
Although, the 2nd and 3rd defendants were not in court, neither were they represented in court, the judge noted that, at the last proceedings in the matter, the defendants told the court that they would not be in court on Tuesday for the ruling as they have other matter outside jurisdiction, which the court permitted.
The officers, ACP Chinedu Emengaha, ACP Victor Chilaka, ACP Egwu Otu, CSP Sylvester Ebosele, CSP Sunday Okuguni, CSP Asuquo Inyang, CSP Kalu Chikozie, And CSP Adetu Omoteso had sued the PSC, IGP and the Force Secretary, Nigeria Police Force as 1st to 3rd defendants challenging their unlawful retirement from the Force without attaining the mandatory years required before retirement and non-implementation of court judgment.
The plaintiffs, who sued for themselves and as representing all members of Course 18, 19, and 20 (force entrants) of the Police Academy, in their motion on notice, are seeking an order of interlocutory injunction restraining the defendants from retiring or suspending any of the officers of the course who are yet to serve 35 years of pensionable service or reach the mandatory retirement age of 60 years from service of the Nigeria Police Force pending the hearing and determination of their substantive suit.
They also want an order restraining the defendants from suspending the salary or posting of any of the officers of Course 18, 19, and 20 (force entrants) of the Police Academy.
The aggrieved officers had, in their suit, filed on their behalf by their counsel, Edwin Okoro esq, prayed the court to quash the injustice done against them and to determine, “whether taking into consideration, the judgments of the National Industrial Court, Abuja, delivered by Justice O. Oyewunmi in suit nos. NICN/ABJ./345/2019-ACP Chinedu Emengaha & ORS vs PSC & 2 ORS, and NICN/ABJ./353/2019 – CSP Sunday Okuguni & ORS vs PSC & 2 ORS, resolving the issue of date of appointment of cadet officers (force entrants) as the dates of their first appointment, and the said judgments having been implemented by the defendants since July 29, 2021, the defendants are not estopped from reopening the issue of date of first appointment?”
Upon the determination of the above-stated question, the claimants are praying the court for “a declaration that the date of first appointment into service of the claimants as contained in their respective appointment letters are not subject to a review by the defendants.
“A declaration that members of Cadet ASP (force entrants) of Course 18, 19, and 20 who are yet to serve 35 years of pensionable service nor attained the age of 60 years, are by virtue of the said judgments of the National Industrial Court delivered by Justice O. Oyewunmi in Suit Nos. NICN/ABJ./345/2019 – ACP Chinedu Emengaha & ORS vs PSC & 2 ORS, and NICN/ABJ./353/2019 CSP Sunday Okuguni & ORS vs PSC & 2 ORS, excluded from the decision of the 1st defendant at her first extraordinary meeting of the 6th management board held on January 31, 2025, approving the immediate retirement of those officers who have spent 35 years in service or above 60 years in age.
“A declaration that by virtue of the said judgments of the National Industrial Court affirming the dates of appointment of claimants as cadet officers as fresh appointment, the said appointment is not a merger of service.
“A declaration that the defendant cannot by any decision, set aside the valid and subsisting judgments of the National Industrial Court, Abuja delivered by Justice O. Oyewunmi in Suit Nos. NICN/ABJ/345/2019 – ACP Emengaha & ORS vs PSC & 2 ORS, and NICN/ABJ/353/2019 CSP Okuguni & ORS vs PSC & 2 ORS, already implemented by the defendants since July 29, 2021.
“An order setting aside the 1st defendant’s directive to the 2nd and 3rd defendants contained in the press release of January 31, 2025, as it concerns Course 18, 19, and 20 (force entrants).
“An order of perpetual injunction, restraining the defendants jointly and severally from unlawfully and illegally reviewing the issue of dates of appointment of cadet asps of force entrants – Course 18, 19, and 20 already settled by the judgments of the National Industrial Court.
“An order of perpetual injunction, restraining the defendants jointly and severally from unlawfully and illegally retiring any member of Cadet ASPS of force entrants – Courses 18, 19 and 20, who has not attained the mandatory retirement age of 60 years,” it stated.
