Justice Ikechi Nweneka of the National Industrial Court in Lagos has ordered the Nigerian Navy to recognise Dada Olaniyi Labinjo, who was previously disengaged as a captain, with all the status, rights, benefits, and privileges of a retired Vice Admiral of the Nigerian Navy.
Justice Nweneka gave the order while delivering judgment in a Suit marked NICN/LA/67/2023 filed by Captain Labinjo against the Nigerian Navy, the Chief of Naval Staff, the Navy Board, and the Attorney General of the Federation (Defendants).
The judge also declared that the defendant must comply with a previous Supreme Court judgment dated June 1, 2012, in Appeal No. SC/32912009.
This earlier judgment confirmed the decisions of the Court of Appeal on May 12, 2008, in Appeal No. CA/L/36412004, and the Federal High Court on May 3, 2004, in Suit No. FHCIL/CS|Z5|2)1|, which mandated the defendants to reinstate the claimant to service in the Nigerian Navy, effective from his alleged trial and conviction date.
The court also stated that in reinstating the claimant, the defendants must ensure that he does not lose his seniority and receives all promotions he would have been entitled to had his career not been interrupted by the unlawful trial and conviction.
The judge also ordered the claimant to receive all his benefits, including salaries, allowances, gratuities, pensions, and other accrued benefits, from February 13, 2001, until his death.
The court also held that as of February 2023, the defendants had failed to properly and legally comply with the court’s order for the claimant’s reinstatement.
The judge also clarified that on April 11, 2017, when the defendants decided to reinstate the claimant, his appropriate rank in the Nigerian Navy was Vice Admiral.
Justice Nweneka, therefore, declared that upon reinstatement, because the claimant was over 60 years old and had over 35 years of service as of April 11, 2017, he must retire immediately after his reinstatement, effective April 12, 2017.
The court concluded that the claimant is to be recognised as a retired Officer of the rank of Vice Admiral in the Nigerian Navy, effective April 12, 2017. It ordered the defendants to identify, treat, and relate to the claimant as a Vice Admiral for all purposes from that date.
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