Appeal Court orders police to reinstate retired ACP Idachaba
The Abuja Division of the Court of Appeal on Friday ordered the Police Service Commission (PSC) to immediately reinstate the compulsorily retired Assistant Commissioner of Police (ACP), James Idachaba, to his rank with immediate effect.
In a lead judgement delivered by Justice Mohammed Danjuma, the court also reversed a police directive mandating the officer to refund eight years’ salaries, effective from August 2015.
Mr Danjuma set aside the earlier decision of the National Industrial Court, which had dismissed Mr Idachaba’s originating summons challenging his compulsory retirement from the force.
“It follows that this appeal is meritorious and hereby succeeds,” the judge said, adding that the issues formulated for determination were resolved in favour of the appellant.
The court further ordered that the judgment of the lower court delivered on 18 May in suit number NICN/ABJ/288/2023 was hereby set aside.
Mr Idachaba had approached the appellate court to challenge the decision of the industrial court, which upheld his compulsory retirement from the police in 2023 following an allegation of age forgery against him.
The police claimed Mr Idachaba doctored his records, accusing him of working as a policeman while collecting salary and other entitlements meant for an officer of the rank of ACP.
However, the appellant’s lawyer, Chikaosolu Ojukwu, argued that the police retired Mr Idachaba without a “fair hearing”, adding the commission failed to provide him with any documents containing allegations against him.
Mr Ojukwu asked the court to declare PSC’s decision at its plenary to compulsorily retire the appellant 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, as unlawful, null, and void.
He also asked the court to compel the commission to reinstate the appellant immediately and unconditionally, restoring him to the rank of Assistant Commissioner of Police with all rights, entitlements, and emoluments from August 18, 2023, among other reliefs.
Mr Danjuma granted all the reliefs in the originating summons but awarded N2 million against the respondents.
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