The court also reversed the directive that required him to refund eight years’ worth of salaries, dating back to August 1, 2015.
The Court of Appeal has ordered the immediate reinstatement of Assistant Commissioner of Police (ACP) James C. Idachaba, who was compulsorily retired by the Police Service Commission (PSC) without a fair hearing.
The court also reversed the directive that required him to refund eight years’ worth of salaries, dating back to August 1, 2015.
Justice Mohammed Danjuma delivered the lead judgment in the appeal filed by Idachaba’s counsel, Chikaosolu Ojukwu (SAN), against the PSC and the Nigeria Police Force (NPF).
The appellate court set aside the judgment of the National Industrial Court, delivered on May 15, 2024, by Justice O.O. Oyewumi (as he then was), which had dismissed Idachaba’s originating summons challenging his retirement.
Background of Legal Dispute
At the trial court, Idachaba argued that following his promotion to the rank of ACP in 2023, his salary was abruptly stopped by the PSC and the NPF, which also decided to compulsorily retire him without granting a fair hearing.
He further stated that the PSC failed to provide him with any documentation outlining the allegations against him or the record of any plenary proceedings where the decision to retire him was reached.
Through his counsel, Ojukwu (SAN), the appellant sought 11 reliefs, including a declaration that: “…upon a combined interpretation of the Claimant’s letter of appointment… and relevant constitutional and statutory provisions, the PSC cannot lawfully or validly compulsorily retire the Claimant from the service of the Nigeria Police Force.”
Among other reliefs, the appellant requested the court to declare the PSC’s decision to retire him and demand a refund of salaries (via a Police Signal Ref. DTO: 080915/08/2023) as unlawful, null, and void and hold that both the retirement and the salary refund violated his constitutional right to a fair hearing.
He also requested the court to declare that disciplinary actions taken by the NPF, or any third party acting on behalf of the PSC, are unlawful—citing the Supreme Court ruling in NPF & ORS v. PSC & Anor (2023) LPELR-60782 (SC).
Among others, he asked the court to set aside all actions taken against him and compel his immediate and unconditional reinstatement as ACP, with full entitlements from August 18, 2023 and issue a perpetual injunction restraining the defendants from any further attempt to retire him without due process.
Despite these arguments, the National Industrial Court dismissed the suit on May 15, 2024, ruling that Idachaba failed to substantiate his claims or justify why the court should exercise its discretionary powers in his favour.
Dissatisfied, Idachaba appealed the judgment on September 24, 2024. The police opposed the appeal.
Appeal Court Judgment
Delivering judgment on Friday, the Court of Appeal ruled in favour of Idachaba, resolving all the key issues against the PSC and the NPF.
“It follows that this appeal is meritorious and hereby succeeds,” Justice Danjuma declared.
The court set aside the judgment of the lower court in Suit No: NICN/ABJ/288/2023 and granted all the reliefs sought by Idachaba, except the 11th, which had requested ₦100 million in damages.
Instead, the appellate court awarded ₦2 million in damages against the PSC and the NPF, to be paid jointly and severally.
