Court gavel
Court of Appeal in Abuja has mandated the immediate reinstatement of Assistant Commissioner of Police (ACP) James Idachaba, who was compulsorily retired by the Police Service Commission (PSC).
The ruling, delivered on Friday by Justice Mohammed Danjuma, also overturned a PSC directive ordering Idachaba to refund eight years’ worth of salaries starting from August 1, 2025.
The decision came in response to an appeal filed by Idachaba’s legal counsel, Chikaosolu Ojukwu, SAN, which challenged a prior ruling by the National Industrial Court of Nigeria (NICN).
On May 15, 2024, Justice O.O. Oyewumi of the NICN had dismissed Idachaba’s suit contesting his forced retirement from the Nigeria Police Force.
Idachaba had argued at the trial court that, following his promotion to ACP in 2023, his salary was abruptly halted by the PSC and the police, based on a decision to retire him without a fair hearing.
He further noted that the PSC failed to provide any documentation detailing the allegations against him or the proceedings leading to his retirement. Ojukwu, representing Idachaba, sought 11 reliefs, asserting that the compulsory retirement and salary refund order violated his client’s right to a fair hearing and were therefore invalid.
He requested Idachaba’s immediate reinstatement to the rank of ACP with full restoration of rights, entitlements, and emoluments from August 18, 2023.
The NICN, however, dismissed the case, stating that Idachaba failed to substantiate his claims or justify the court’s intervention. Unhappy with the verdict, Idachaba appealed on September 24, 2024, but the police opposed the appeal.
In Friday’s ruling, the three-member appellate panel, led by Justice Danjuma, ruled in favor of Idachaba, declaring the appeal meritorious. The court set aside the NICN’s judgment in suit number NICN/ABJ/288/2023 and ordered the PSC to reinstate Idachaba immediately.
Additionally, the court imposed a fine of N2 million on the first and second respondents, to be paid jointly and severally.
NAN
