The National Industrial Court on Monday ordered the Police Service Commission (PSC), to pay retired AIG Mbu Joseph Mbu, the sum of N40 million as general damages. The payment as ordered by justice Osatohanmwen Obaseki-Osaghae, was for the unlawful retirement of Mbu before he attained the mandatory age of 60 years.
” I hold that the claimant’s premature retirement through a press release on July 2, 2016 is unlawful, unconstitutional, null and void and of no effect”. The court in addition set aside the purported retirement and declared that the claimant remained an officer of the Nigeria Police Force ( NPF), until he attained the mandatory retirement age of 60 on May 10, 2018.
Meanwhile, The claimant had therefore sought, amongst other reliefs, an order of the court to invalidate his retirement, which he claimed was done via a press release as he was never served statutory notice of retirement.
He also sought for an order of the court directing the defendant to pay his salaries, allowances and other entitlements from July 2016 to 2018, when he would have been due for retirement.
He also sought for payment of his terminal benefits, N500 million as general damages and N20 million as cost of the suit.
The defendant on its part through processes stated that the claimant was not retired through press release, but that he was pulled out from the force in a ceremonial event. According to the defendant the reorganization in NPF at the time of the claimant’s retirement followed due process and the claimant was not the only person affected.
The court ordered the defendant to pay Mbu his salaries, allowances and entitlement from July 2, 2016 when he was retired until May 10, 2018 when he ought to have retired having attained 60 years.
The judge while delivering the judgment ordered that the sum of N750,000 be paid to the claimant as cost of the suit, stating that failure of the defendant to comply with the orders of the court within 30 days will attract a 10 per cent interest per annum.
The court, however, declined the relief of promotion to the position of a DIG and reinstatement sought by the claimant.
This, the court explained cannot be sustained as the claimant had reached the mandatory retirement age on May 10, 2018 when the suit was pending.
