A compulsorily retired deputy inspector-general (DIG) of police, Mr Moses Ambakina Jitoboh, has dragged the Police Service Commission (PSC) before the National Industrial Court (NIC), sitting in Abuja, over unlawful retirement.
In the suit, the DIG prayed the court to declare his purported compulsory retirement by the PSC before his mandatory 60 years retirement age or 35 years in service as wrongful, unconstitutional and unlawful.
Jitoboh, in his statement of claims filed before the court, further described his purported compulsory retirement as a flagrant violation of Rule 020810 of the Public Service Rules and Section 18 (8) of the Nigeria Police Act, 2020, respectively.
The PSC had purportedly retired DIG Jitoboh and three others on the grounds of upholding the Police tradition of retiring, when a junior police officer is promoted over his senior to avoid “status reversal”.
The retired DIG of police is also praying for an order of the court directing the PSC to pay the sum of N500 million as general damages for the unwarranted embarrassment caused by the purported termination of his employment as he has been portrayed to be a disloyal officer.
He also asked for another sum of N50 million as the cost of prosecuting this action.
Jitoboh, in his statement of claims, maintained that he was and remains an officer of the Nigeria Police Force until the 10th day of June, 2029 when he would have attained 35 years in service and duly retire and that he is therefore entitled to his salaries, emoluments and all other paraphernalia of office due to him.
The former DIG sought the declaration of the National Industrial Court that pursuant to Section 4 (3) of the Police Service Commission Act, 2001 the defendant (PSC) has no valid Board to take any decision whatsoever purporting to retire or promote any police officer as the PSC Board tenure elapsed in July of 2023.
The PSC board, he added, enjoys a joint tenure and there is no legal basis for Mr. Arase to remain in office after the tenure of the board elapsed as he was appointed to complete the tenure of Mr Musiliu Smith who resigned as PSC chairman in 2022.
