Court of Appeal directs Police to reinstate ACP Idachaba, overturns 8-year salary refund

The Court of Appeal on Friday ordered the Police Service Commission to immediately reinstate the compulsorily retired Assistant Commissioner of Police (ACP), James C. Idachaba, to his rank, while also reversing a directive requiring him to refund eight years’ salaries with effect from 01/08/2015. Justice Mohammed Danjuma delivered the lead judgment in an appeal filed by Idachaba’s lawyer, Chikaosolu Ojukwu SAN, against the Commission and the Nigeria Police Force (NPF).

The Appeal Court set aside the decision of the National Industrial Court, delivered on 15 May 2024 by Justice O.O. Oyewumi (as he then was), which had dismissed Idachaba’s originating summons challenging his compulsory retirement from the force.

Appeal Court upholds NorthWest Petroleum & Gas Company Limited’s 69.6% equity stake in Ede Marginal Field At the trial court, the appellant stated that, following his promotion to the rank of Assistant Commissioner of Police in 2023, he noticed that his salary was stopped by the PSC and the police after a decision was made to compulsorily retire him without a “fair hearing.”

He added that, to date, the PSC has failed to provide him with any documents containing the allegations brought against him or the record of the proceedings of the plenary where the purported decision to summarily retire him was reached. His lawyer, Ojukwu SAN, sought 11 reliefs, including a declaration that: “…upon a combined interpretation of the Claimant’s letter of appointment with reference No. CE/2720/PERS/C/ASP/2000/VOL.T2, dated 24th April, 2000, vis-à-vis the provisions of section 214 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Paragraph 30 of Part 1 of the Third Schedule to the Constitution, section 6 of the Police Service Commission (Establishment) Act, 2001, section 18(8) of the Nigeria Police Act 2020, and Rule 020810 of the Public Service Rules, 2009, the 1st Defendant (PSC) cannot lawfully and/or validly compulsorily retire the Claimant from the service of the 2nd Defendant (NPF).”

He asked the court to: Declare that the PSC’s decision at its plenary to compulsorily retire the claimant and demand a refund of eight years’ salaries (effective from 01/08/2015), as communicated via a Police Wireless Message/Signal Ref.: DTO: 080915/08/2023, is unlawful, null, void, and of no effect. Hold that the compulsory retirement and salary refund constitute a violation of his right to a fair hearing and are therefore null, void, and of no effect.

Based on the Supreme Court decision in NPF & ORS v. Police Service Commission & Anor (2023) LPELR-60782 (SC), the PSC cannot lawfully delegate its statutory disciplinary powers to the NPF or any third party. Any disciplinary proceedings initiated or resolved by the NPF or its agents against the claimant are unlawful and void.

The court should quash and set aside the compulsory retirement and the salary refund demand as those actions violate the claimant’s right to a fair hearing. The PSC should be compelled to reinstate the claimant immediately and unconditionally, restoring him to the rank of Assistant Commissioner of Police with all rights, entitlements, and emoluments from 18/08/2023.

The defendants should be perpetually restrained, whether by themselves or through their agents, from again attempting to compulsorily retire the claimant without a fair hearing.

However, the National Industrial Court of Nigeria, on 15 May 2024, dismissed Idachaba’s suit on the grounds that the appellant failed to prove his case or justify why the court’s discretionary power should be exercised in his favor.

Dissatisfied with that judgment, the appellant filed his appeal on 24 September 2024. The police opposed the appeal. In its judgment on Friday, the Appeal Court held that the issues formulated for determination were resolved in favor of the appellant and against the respondents. “It follows that this appeal is meritorious and hereby succeeds,” the judge said.

The judge ordered that the judgment of the lower court delivered on 18 May in suit number NICN/ABJ/288/2023 is hereby set aside. All reliefs sought by the appellant in the originating summons were granted, except relief number 11( which demanded N100 million as damages), under which the sum of 2 million Naira was awarded against the first and second respondents to be paid jointly and severally.

This unanimous and landmark judgment has far-reaching implications for the discipline of senior police officers in Nigeria.