By: Zagazola Makama
Aggrieved police officers from Courses 33, 34, and 35 of the Police Academy have kicked against any attempt to forcefully retire them from service and called on the Police Service Commission (PSC) to immediately comply with the judgment of the National Industrial Court of Nigeria (NICN), which ordered the regularization of their first appointment dates.
It would be recalled that the PSC at a meeting in Abuja earlier this month ordered the immediate retirement of all senior police officers who have either exceeded 35 years in service or are above the age of 60.
The spokesman of the commission, Ikechukwu Ani, recalled that the Commission at its 24th Plenary Meeting of 27th and 28th September 2017, approved that the Force Entrants should have their date of appointment in the Force against the date of their enlistment.
The Commission revisited their decision and has come to the conclusion that the said decision in its intent and purpose contradicted the principle of a merger of service in the public service, and it is in violation of Public Service Rule No 020908 (i & ii) which provides for retirement on the attainment of 35 years in service or 60 years of age.
“Accordingly, the Commission at its 1st extraordinary meeting of the 6th Management Board held today, Friday, 31st January 2025, approved the immediate retirement of those officers who have spent more than 35 years in service and those above 60 years of age,” Ani had said.
But the aggrieved officers argued that, Despite the April 19, 2022, ruling and subsequent reinforcement of the judgment on February 4, 2025, the officers alleged that the PSC has failed to implement the directive, thereby denying them their rightful ranks, promotions, and entitlements.
Recalled that in 2021, The officers, led by CSP Egong Egwu Egong, CSP Omeh Felix Okechukwu, CSP Paul Obot Umoh, and SP Galadima Bello, won a legal battle in Suit No. NICN/ABJ/281/2021, in which the court ruled that their first appointment date should be the date they entered the Police Academy, not when enlisted as recruit constable.
The National Industrial Court, presided over by Justice O. A. Obaseki Osaghae, reaffirmed in its latest sitting that the PSC and the Nigeria Police Force must recognize the officers’ first appointment dates as follows: Course 33 – June 10, 1994, Course 34 – August 6, 1996, Course 35 – May 1, 2000
The court also ordered that: The decision of the PSC at its 24th Plenary Meeting regularizing the officers’ appointment dates remains valid and binding. The officers’ records must reflect their correct first appointment dates as per the court ruling. The premature retirement of some affected officers must be reversed, and they should be paid their full entitlements.
The PSC and the Police Force are restrained from unlawfully retiring officers of Courses 33, 34, and 35 before their actual due dates.
However, During a recent court proceeding, counsel for the officers, Adeleke Agbola (SAN), informed the court that the PSC had issued a circular contradicting the judgment by insisting that the officers’ first appointment date would be based on their commissioning date, not their academy entry date.
Agbola argued that this action amounted to contempt of court, as the judgment had not been appealed and remained binding on all parties. He urged the court to maintain the status quo and proceed with committal proceedings against the PSC for non-compliance.
In response, counsel for the PSC, Ade Adedeji (SAN), assured the court that the defendants intended to comply with the judgment, stating that there was no pending appeal challenging the ruling. He also noted that steps had been taken to post the affected officers accordingly and that the PSC had no intention of undermining the court’s decision.
The court adjourned the matter to March 18, 2025, for a report on full compliance or hearing of contempt proceedings against the PSC.
Following the court session, the aggrieved officers have urged the PSC to immediately implement the judgment, update their service records, reinstate unlawfully retired officers, and grant them their due promotions and benefits.
They warned that continued delay would amount to willful disobedience of a valid court order, which could lead to legal consequences for the PSC and police authorities.
The officers further called on President Bola Ahmed Tinubu, the Inspector-General of Police, and the Attorney General of the Federation to intervene and ensure that justice is served in line with the rule of law.
Background to the Dispute
The case dates back to longstanding grievances by police officers of Courses 33, 34, and 35, who argued that while their colleagues in similar categories had their appointments regularized, they were denied the same recognition.
The PSC is now asking for their retirement despite the National Industrial Court ruling which was disobeyed or delayed by the concerned authorities. This delays in implementation have left the officers frustrated and seeking further legal enforcement.
With the next court hearing scheduled for March 18, 2025, all eyes are on the PSC and the Nigeria Police Force to see whether they will comply with the judgment or face contempt proceedings.
