The National Industrial Court Abuja Division has ordered the immediate reinstatement of officers of courses 18, 19, 20, Cadet ASP Force entrants comprising 196 officers who were sacked by the police authorities.
This came on the heels of a suit No. NICN/ABJ/28/2025, ACP Chinedu Ambrose Emengaha & 7 ors Vs Police Service Commission & Ors filed by the aggrieved officers challenging their forced retirement from the Police Force without serving for 35 years or attaining 60 years of age.
Among the officers ordered to be reinstated are AIG Idowu Owohunwa, CP Benneth Igweh, and DCP Simon Lough SAN.
CITY LAWYER recalls that the Commission had in a March 4, 2025, memorandum ordered the immediate retirement of some senior police officers for alleged age falsification, a charge they have denied.
The affected officers included AIG Idowu Owohunwa, CP Benneth Igweh (10/2/2025), CP Aina Emmanuel (1/5/2023), ACP Salama Wakili Abdul (10/2/2025), ACP Simon Lough SAN (26/2/2025), ACP Dakon Philip Sarpiya (1/8/2022) and AVP Grace Ejiofor (12/12/2023).
The memorandum stated that the decision to retire the seven senior police officers was reached at an extraordinary meeting of the Police Service Commission held on February 20, 2025. It is the decision that the Claimants challenged at the National Industrial Court.
But in a lawsuit challenging their forced retirement, the officers had prayed for “A DECLARATION that the date of first appointment into service of Claimants as contained in their respective appointment letters are not subject to a review by the Defendants.”
They also prayed for “A DECLARATION that members of CADET ASP entrants) of courses 18, 19 & 20 who are yet to serve 35 years of pensionable service nor attained the age of 60 years are by virtue of the said judgment of the National Industrial Court delivered by Hon. Justice O. O. Oyewunmi in Suit Nos. NICN/ABJ./345/2019 - ACP Chinedu Ambrose Emengaha & Ors vs Police Service Commission & 2 Ors, and NICN/ABJ./353/2019 CSP Sunday Okuguni & Ors Vs Police Service Commission & 2 Ors, excluded from the decision of the 1st defendant at her first extraordinary meeting of the 6th management board held on Friday, 31st January, 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 defendants cannot by any decision set aside the valid and subsisting judgments of the National Industrial Court, Abuja delivered by Hon. Justice O. O. Oyewunmi in Suit Nos. NICN/ABJ./345/2019 - ACP Chinedu Ambrose Emengaha & Ors vs Police Service Commission & 2 Ors, and NICN/ABJ./353/2019 CSP Sunday Okuguni & Ors Vs Police Service Commission & 2 Ors, already implemented by the defendants since 29th July, 2021;
“AN ORDER setting aside the 1st defendant’s directive to the 2nd and 3rd defendants contained in the press release of 31st January, 2025, as it concerns courses 18, 19 & 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 – Courses 18, 19 & 20 already settled by the Judgments of the National Industrial Court, and
“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 & 20 who has not attained the mandatory retirement age of 60 years.”
Delivering the judgment yesterday, Justice Rakiya Haastrup of National Industrial Court, Abuja Division, granted all the reliefs sought by the Claimants.
The court held that the Defendants lacked the power to sit on appeal on valid judgments of a court of competent jurisdiction and consequently set aside the decision of the Police Service Commission of 31st January, 2025 where the commission forcefully retired the affected officers.
The police authorities are yet to react to the judgment.
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