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Hon. Justice Sanda Yelwa of the Lagos Judicial Division of the National Industrial Court of Nigeria has declared the purported compulsory retirement of Mr Emmanuel by the Nigerian Correctional Service in November 2023 before attaining 60 years of age or completing 35 years of pensionable service, as unlawful, premature, null and void and of no effect.
The Court ordered that Mr Emmanuel be reinstated into the service of the Nigerian Correctional Service to the rank/position he held immediately before the purported compulsory retirement, with all rights, privileges, seniority and benefits attached thereto, from November, 2023 to 31st August, 2025.
Justice Yelwa ordered the Nigerian Correctional Service to pay Mr. Emmanuel his salaries and allowances from November 2023 to August 2025, together with other accruing employment benefits, subject to computation in accordance with his applicable salary structure and service records. The Court also awarded him N300k as costs of the action.
From facts, the Claimant, Mr. Emmanuel, had submitted that he was born in December 1965 and relied on his National Identification Number Slip, sworn declaration of age, Letter of Appointment, IPPIS Capturing Form and PENCOM Certificate in support of his date of birth. He maintained that his proper retirement date was 31 August 2025, upon completing 35 years of pensionable service.
Mr. Emmanuel stated that he served meritoriously for over 33 years without disciplinary issues and rose through various positions to the rank of Controller. He stated that on 23 March 2023, a seven-member committee constituted by the Nigerian Correctional Service invited him to appear before it to investigate an alleged discrepancy in his official records concerning his date of birth.
According to him, he presented documents showing that his correct date of birth was 31 December 1965, but was subsequently directed, by a letter dated 3 November 2023, to collect his retirement letter.
However, the Nigerian Correctional Service, the Civil Defence, Corrections, Fire and Immigration Services Board, failed to appear for their defence despite the service of hearing notice and court processes.
Learned counsel to Mr. Emmanuel, Cornelius Abiakwe Esq submitted that his client's employment was governed by the Public Service Rules, which prescribe compulsory retirement at 60 years of age or 35 years of pensionable service, whichever is earlier, and urged the Court to hold that the retirement effected in November 2023 was contrary to the applicable conditions of service.
In a well-considered judgment, Justice Sanda Yelwa held that the Public Service Rule provides for compulsory retirement at 60 years of age or 35 years of pensionable service, whichever is earlier.
The Court found that Mr. Emmanuel had adduced credible, consistent and documentary evidence in support of his claims, including evidence establishing his appointment into the Nigerian Prison Service on 31 August 1990 and his date of birth as 31 December 1965.
The Court further held that the Nigeria Correctional Service and 2 others had not placed before the Court any evidence establishing a lawful basis for compulsorily retiring him in November 2023, when he had neither attained 60 years of age nor completed 35 years of pensionable service.
Justice Yelwa stated that the Nigeria Correctional Service and 2 others failed to establish the alleged discrepancy in Mr. Emmanuel date of birth, produce the document upon which the allegation was founded, or demonstrate a lawful basis for retiring him on that ground.
The Court held that Mr Emmanuel attained the mandatory retirement age of 60 years on 31 August 2025, while the suit was pending, and could therefore no longer be reinstated into service after attaining the statutory retirement age. Consequently, the Court ordered that Mr Emmanuel's retirement as Assistant Director should take effect from 31 August 2025.
However, the Court refused his prayer for accelerated promotion to the rank of Assistant Controller-General or any particular rank, as well as his claims for N10m in general damages and N5m and N2.5m respectively in legal fees.
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