The Presiding Judge of Yenagoa division of the National Industrial Court, His Lordship, Hon. Justice Bashar Alkali has declared the compulsory retirement of ASP Gabriel Ushie on the 21st day of September 1999 by the Police Service Commission through letter dated 8th June 2018 as wrongful, unlawful, irregular and a violation of the Claimant’s right of employment until the mandatory statutory retirement age of 1st July 2008 with payment of pension and gratuity as an assistant superintendent of Police starting from August 2008.
The Court also ordered that the ASP Gabriel be paid his unpaid salaries and other emoluments from January, 1999 to July 2008 with the sum of Two Hundred Thousand Naira as the cost of litigation within 30 days.
The case of the Claimant is that he was compulsorily retired from service based on the fact that he approached the Commissioner of Police to make a complaint pertaining his transfer to another Division due to ill condition that the Commissioner of Police instead ordered an orderly room trial against the Claimant for discreditable conduct. The orderly room trial adjudicating officer later found the Claimant not liable and set aside the proceedings.
The DPO advised the Claimant to go on annual leave due to his ill health condition which was granted that after he had some improvement he reported back to his station and was subsequently transferred to another Division.
The Claimant averred that while at the new post, he was alleged to be a deserter which complaint was made to the AIG of Police that pending the response of the AIG, the Bayelsa State Command took steps and stopped the Claimant’s salaries from January 1999 and has never been paid salaries or emoluments till date.
Further that allegation of desertion made against him was never taken to the 1st Defendant-PSC for disciplinary action as same was done by the Assistant Inspector General of Police without any trial.
That the PSC due to the several petitions written by the Claimant challenging his unlawful compulsory retirement in one of its meeting resolved to set aside the dismissal of the Claimant from the Police Force and reinstated him with effect from the 21st September, 1999 and at the same time compulsorily retired him on the same date of 21st September 1999.
Learned counsel contended that dismissal of the Claimant from service since 1999, despite his subsequent promotion in March 2000, and the decision of the PSC to compulsorily retire the Claimant’s employment is a flagrant breach of the relevant provisions of the Nigeria Police Regulations and Public Service Rules.
However, the defendants failed to defend the case.
Delivering Judgment, the trial Judge, Justice Alkali held that employment must be terminated in the way and manner prescribed by the relevant statute or rules.
“The procedure adopted by the Defendants in dismissing the Claimant falls short of what was enshrined in the Police Regulations thereby offending the spirit of the provisions of Section 36(1) of the 1999 Constitution (as amended) on fair hearing.
“The claimant was not given the opportunity to confront his accusers or cross-examine them. And the documents which were used against him, same was not given to him. Indeed there is no any fair in this hearing.
“Consequently, the Claimant herein ought to be re-instated to his status quo ante and is entitled to the payment of all his salaries and entitlements from January 1999 up to 1st July 2008 when he put up the mandatory 35 years in service. And he is also entitled to be paid his gratuity and pension starting from August 2008. And the Claimant having been wrongfully and compulsorily retired yet he cannot be reinstated back to the Nigerian Police Force having attained the mandatory statutory retirement after 35 years in service on the 1st July, 2008.†Justice Alkali Ruled.
