Court mandates that PSC pay rtd AIG Mbu N40 million in general damages.

The Police Service Commission was directed by the National Industrial Court to pay Joseph Mbu, a former assistant inspector general of police, N40 million as general damages on Monday.

Justice Osatohanmwen Obaseki-Osaghae imposed the payout in retaliation for Mbu’s forcible resignation before reaching the legal 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”.

The court also annulled the alleged retirement and ruled that the claimant continued to serve as a police officer in Nigeria until May 10, 2018, when he turned 60 and became required to retire.

The defendant was further ordered by the court to pay Mbu’s salary, allowances, and entitlements from July 2, 2016, when he retired, until May 10, 2018, when he was legally entitled to retire after turning 60.

As part of the ruling, the judge mandated that the defendant pay the claimant N750,000 as court costs, along with 10% interest per year if the defendant did not comply with the court’s requirements within 30 days.

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.

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 resignation, which he said was accomplished through a press release because he was never given the required statutory notice of retirement, among other reliefs.

Additionally, he asked the court to issue an order compelling the defendant to pay his wages, benefits, and other entitlements from July 2016 through 2018, the year he was supposed to retire.

In addition, he demanded payment of his death benefits, N500 million in general damages, and N20 million to cover legal fees.

The defendant claimed that the claimant was not officially retired through a press release but rather was dismissed from the force at a ceremonial occasion.

The defendant also alleged that the claimant did not meet some of the prerequisites for advancement and that promotion within the force is not a given.

The claimant was not the only individual impacted by the NPF reorganization that occurred at the time of the claimant’s retirement, the defendant claims, and it was done in accordance with the law.

According to the court’s ruling, even if the defendant abandoned its case by failing to appear in court to provide its defense, this did not absolve the claimant of the necessity of proving his case.

The defendant was never present in court despite receiving multiple hearing notices, according to the judge, who argued that pleadings are not the same as evidence.

Obaseki-Osaghae said that because the claimant’s arguments were not disputed, the defendant was believed to have given up its case.

She claimed that the claimant was entitled to some of the reliefs he requested since he had established his case on the basis of solid evidence rather than by relying on the defendant’s weaknesses.