The Court of Appeal has ordered the immediate reinstatement of Assistant Commissioner of Police (ACP) James C. Idachaba, who was earlier forced into retirement by the Police Service Commission (PSC) without being given a fair hearing.
In addition to reversing his retirement, the appellate court also nullified the order mandating him to return eight years’ worth of salaries, starting from August 1, 2015.
Justice Mohammed Danjuma delivered the lead judgment in the appeal filed by Idachaba’s legal representative, Chikaosolu Ojukwu (SAN), against both the Police Service Commission and the Nigeria Police Force.
The Appeal Court overruled a prior decision by the National Industrial Court, which on May 15, 2024, through Justice O.O. Oyewumi (as he then was), had dismissed Idachaba’s originating summons contesting his compulsory retirement.
Background to the Legal Battle
Before the Industrial Court, Idachaba narrated how he was promoted to the rank of ACP in 2023, only for the PSC and NPF to stop his salary and retire him without allowing him to defend himself.
He further claimed that no official document was provided to inform him of the allegations or present a record of any plenary session where such a decision was reached by the PSC.
Through his lawyer, Ojukwu (SAN), Idachaba sought a total of 11 reliefs. One of the key requests was a declaration that, based on the combined reading of his appointment letter and other relevant statutory provisions, the PSC had no legal authority to compulsorily retire him without due process.
He also asked the court to nullify the instruction—transmitted via Police Signal Ref. DTO: 080915/08/2023—which demanded he refund salaries, calling it unconstitutional and a breach of his right to fair hearing.
Furthermore, the appellant argued that any disciplinary action taken by the Police or any other party acting on behalf of the PSC was illegal. He cited the Supreme Court ruling in NPF & ORS v. PSC & Anor (2023) LPELR-60782 (SC) to reinforce his position.
Among the other reliefs, he requested his full reinstatement as ACP, effective from August 18, 2023, along with all entitlements. He also urged the court to issue an injunction restraining the defendants from taking any further retirement actions against him without lawful procedure.
However, the National Industrial Court ruled against him on May 15, 2024, stating that he failed to provide enough evidence to support his claims and did not convince the court to use its discretion in his favour.
Dissatisfied with the outcome, Idachaba approached the Court of Appeal on September 24, 2024. His appeal was contested by the police.
Final Judgment by Court of Appeal
Delivering the judgment on Friday, the Court of Appeal overturned the earlier ruling and ruled decisively in favour of ACP Idachaba, addressing all the contentious issues against the PSC and the NPF.
“This appeal has merit and therefore succeeds,” Justice Danjuma declared.
The appellate court nullified the judgment delivered in Suit No: NICN/ABJ/288/2023 and granted all of Idachaba’s prayers, except the 11th—which sought ₦100 million in general damages.
Instead, the court awarded ₦2 million in damages against the Police Service Commission and the Nigeria Police Force, instructing that the sum be paid jointly and severally.
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