The Police Service Commission (PSC) was ordered by the National Industrial Court on Monday to pay retired AIG Mbu Joseph Mbu N40 million as general damages.
Justice Osatohanmwen Obaseki-Osaghae imposed the payment in compensation for Mbu's forced retirement before reaching the mandatory retirement age of 60.
” 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”. She said.
The court also annulled the alleged retirement and ruled that the claimant continued to serve as an NPF officer until May 10, 2018, when he turned 60 and became required to retire.
In addition, the court mandated that the defendant pay Mbu's salary, allowances, and entitlements from July 2, 2016, when he was retired until May 10, 2018, when he was legally entitled to retire at age 60.
The judge stipulated in the verdict that the defendant must pay the claimant N750,000 as court costs and warned that if the defendant did not comply with the court's directions within 30 days, there would be a 10% interest penalty.
However, the court rejected the claimant's request for restoration and advancement to the level of a DIG.
The claimant had attained the mandatory retirement age on May 10, 2018, while the lawsuit was still pending, the court explained, thus it cannot be upheld.
Based on the facts, the claimant, Mbu, filed a lawsuit against the commission on July 2, 2016, when he was the commandant of the Police Staff College, for his alleged forced retirement.
He claimed in his statement of facts that he was born on May 10, 1958, joined the police on December 11, 1985, and had not yet achieved the obligatory retirement age of 60. He also claimed that he had not worked for 35 years before retiring in 2016.
The claimant had consequently asked the court to invalidate his retirement, which he said had been carried out through a press release because he was never given the required statutory notice of retirement, among other reliefs.
