Tuesday, November 3, 2026

Police Service Commission acted illegally retiring AIG Mbu; to pay N40 million damages: Court

The court found that Mr Mbu’s retirement before the mandatory age of 60 was unlawful.

• July 3, 2023
Joseph Mbu
Joseph Mbu

On Monday, the National Industrial Court ordered the Police Service Commission (PSC) to pay retired Assistant Inspector General (AIG) Joseph Mbu N40 million as damages. 

The court found that Mr Mbu’s retirement before the mandatory age of 60 was unlawful. 

Justice Osatohanmwen Obaseki-Osaghae stated, ”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.”

The court further set aside the purported retirement and declared that Mr Mbu remained an officer of the Nigeria Police Force ( NPF) until he attained the mandatory retirement age of 60 on May 10, 2018.

Additionally, the court ordered the defendant to pay Mr Mbu his salaries, allowances, and entitlements from July 2, 2016, when he was wrongly retired, until May 10, 2018, when he should have retired at 60. 

As part of the judgment, the court awarded the claimant N750,000 as the cost of the suit. The judge warned that failure to comply with the court’s order within 30 days would result in a 10 per cent annual interest penalty. 

The court, however, declined the claimant’s request for promotion to the position of deputy inspector general and reinstatement. The court explained that the reliefs could not be granted as the claimant had already reached the mandatory retirement age when the case was pending in May 2018. 

According to the facts of the case, Mr Mbu filed the suit against the PSC over his alleged compulsory retirement on July 2, 2016, while serving as the commandant of the Police Staff College. 

In his statement, he stated that he was born on May 10, 1958, joined the police on December 11, 1985, and had not reached the mandatory retirement age of 60 or completed 35 years of service at the time of his retirement in 2016.

Mr Mbu had therefore sought, amongst other reliefs, an order of the court to invalidate his retirement, which he claimed was communicated through a press release and was not served statutory notice of retirement. 

He also asked for the payment of his salaries, allowances, and other entitlements from July 2016 to 2018, when he would have been due for retirement. In addition, he sought the payment of his terminal benefits, N500 million as general damages, and N20 million as the cost of the suit.

The defendant, in response, argued that Mr Mbu was not retired through a press release but rather through a ceremonial event. The defendant also claimed that promotion within the force is not automatic and that Mr Mbu did not meet certain promotion requirements. The defendant further stated that the reorganisation within the NPF at the time of Mr Mbu’s retirement followed due process and that he was not the only person affected. 

In its judgment, the court stated that although the defendant failed to appear in court to present its defence, the claimant still had the burden of proof. The judge emphasised that pleadings were not equivalent to evidence and that the defendant’s absence in court, despite receiving several hearing notices, indicated an abandonment of its case.  

Ms Obaseki-Osaghae stated that since the claimant had successfully proven his case based on credible evidence, independent of the defendant’s weaknesses, he was entitled to some of the reliefs sought.

(NAN)

We have recently deactivated our website's comment provider in favour of other channels of distribution and commentary. We encourage you to join the conversation on our stories via our Facebook, Twitter and other social media pages.

More from Peoples Gazette

Nigerian Bar Association

States

Independence: NBA urges Nigerians to expect better future

The NBA said that ordinary Nigerians should be deriving benefit from the subsidy removal rather than hardship.

farmers

Agriculture

FG tasks ECOWAS on leveraging financing strategies for agroecology

The federal government has urged stakeholders in the agriculture and finance sectors in the West Africa region to leverage financing strategies to enhance agroecology practices

Katsina State

Politics

Katsina youths pledge to deliver over 2 million votes to Atiku

“Katsina State is Atiku’s political base because it is his second home.”

Unwieldy telecom cables on Lagos street

Lagos

Lagos gives ISPs deadline to clean up network cables

LASIMRA warned that enforcement operations would begin on Monday, urging all concerned firms to complete the required work before the deadline to avoid sanctions.

Trump sitting with Ramaphosa

Economy

Trump removes South Africa from AGOA citing corruption, national security concerns

The suspension would take effect on January 1, 2027, further complicating already strained relations between Washington and South Africa.

Nigerians in UK

World

Over 500,000 Nigerian migrants, others to wait 10 years for UK settlement

Migrants who arrived by clandestine means of entry will face an additional 10-year waiting period—meaning they could wait up to 30 years for settlement.

FIFPRO World XI shortlist

Heading 2

FULL LIST: Messi, Ronaldo make FIFPRO World XI shortlist again

Both players are nearing their 1000th career goal. While Ronaldo has scored 985, Messi has 937.

Vice-President Kashim Shettima, Governor Bassey Otu and others at the APC presidential campaign rally in Calabar

Politics

Economy: Tinubu’s second term will be time for Nigerians to harvest, says Shettima

“We have rescued the economy, and the road ahead is one of harvest. This second term is one of harvest for you and all Nigerians,” said the vice-president.

United States President Donald Trump

Heading 4

Trump orders strikes on Iran ahead of U.S. midterm elections

The United States military carried out strikes on Iran’s Qeshm Island in the Strait of Hormuz.