A group of senior police officers from Courses 18, 19, and 20, who were recently forced out of office, have filed a suit before the National Industrial Court, seeking to enforce a previous ruling made by the court. The officers are challenging the decision of the Inspector General of Police (IGP), Police Service Commission (PSC), and Force Secretary, who they claim are attempting to review a matter that had already been settled in a previous legal case.
The suit, filed by Edwin Okoro on behalf of the claimants, which include ACP Chinedu Emengaha and seven other officers, names the IGP, PSC, and Force Secretary as defendants. The officers are asking the court to rule on several key questions regarding the retirement process and the application of previous judgments made by the National Industrial Court in 2021.
This legal battle stems from a previous case heard in the National Industrial Court in Abuja, where Justice O. Oyewunmi ruled in favour of several police officers from the same group of Cadet ASPs (Assistant Superintendent of Police) of Courses 18, 19, and 20. These officers had contested the dates of their first appointment in the Nigerian Police Force and argued that their official entry into the service should be recognized as the date listed in their appointment letters, rather than any other date determined by the Police Service Commission or IGP.
In 2021, the court ruled that the date of first appointment should be recognised as the official start of service for the claimants, and this decision was implemented by the defendants from July 29, 2021. However, the claimants now allege that the defendants are trying to revisit and change this decision, which they claim has already been settled in the court’s ruling.
The policemen involved in the case argue that their first appointment into the police service should not be subject to review by the Police Service Commission or the IGP. They maintain that the National Industrial Court’s decision, which affirmed the date of their first appointment as official, cannot be overturned or changed.
The claimants are particularly concerned with the recent directive issued by the PSC on January 31, 2025. The directive approved the immediate retirement of officers who have either spent 35 years in service or who have reached the age of 60. The officers involved in the lawsuit argue that they are not subject to this directive because they have not yet completed 35 years of service or reached the retirement age of 60.
According to the suit, the claimants seek several legal declarations and orders, including:
– A declaration that their dates of first appointment cannot be reviewed by the defendants, as they are final and settled by the previous court decision.
– A declaration that officers from Courses 18, 19, and 20 who have not yet reached the retirement age or completed 35 years of service should not be forced into retirement.
– A ruling that the defendants cannot ignore or set aside the valid and binding decisions made by the National Industrial Court in 2021.
The claimants also seek a perpetual injunction to prevent the defendants from unlawfully reviewing the dates of appointment of these officers or prematurely retiring any of them before they reach the legal retirement age.
This case has significant legal implications for the Nigerian Police Force and the enforcement of court rulings within the government. If the court rules in favour of the claimants, it could set a precedent for other police officers and government workers who may face similar issues with unlawful retirement or changes to their service records.
The case also highlights the ongoing tension between the Police Service Commission and the senior officers within the force, particularly when it comes to retirement policies and the application of civil service rules. The PSC is responsible for overseeing the career progression of police officers, including decisions related to promotions and retirements, but this case suggests there are ongoing concerns about the way these rules are being applied.
The National Industrial Court of Nigeria plays a critical role in resolving disputes between government agencies and workers, including issues related to employment, salaries, pensions, and retirement.
The Police Service Commission, which oversees police promotions and retirements, has not publicly commented on the case at this time. However, the directive issued on January 31, 2025, approving the retirement of officers who have served for 35 years or are 60 years old, indicates that the PSC is seeking to enforce stricter retirement policies within the force.
The case also has broader implications for other public sector workers in Nigeria. If the National Industrial Court rules in favour of the claimants, it may set a precedent that strengthens the rights of public sector employees regarding the enforcement of court rulings on employment matters. This could impact the way disputes over employment contracts, pension plans, and retirement policies are handled in other government agencies.
