Moses Ambakina Jitoboh, a retired Deputy Inspector General (DIG) of Police, has approached the National Industrial Court (NIC) in Abuja to challenge his premature retirement by the Police Service Commission (PSC).
He on Tuesday in court contended that his retirement, before reaching the mandatory age of 60 or 35 years in service, was wrongful and unconstitutional.
In his claim filed with the court, Jitoboh asserts that his forced retirement violated both the Public Service Rules and the Nigeria Police Act, 2020.
Background
The PSC retired DIG Jitoboh and three other officers in accordance with a police tradition that calls for retiring a senior officer when a junior officer is promoted to prevent “status reversal.”
Jitoboh is seeking the following through his legal action:
- A declaration from the court that his retirement was wrongful and unconstitutional.
- An order requiring the PSC to pay him N500,000,000.00 (Five Hundred Million Naira) as general damages for the distress caused by the termination of his employment, which portrayed him as disloyal.
- An additional sum of N50,000,000.00 (Fifty Million Naira) for the legal costs associated with pursuing this case.
In his claim, Jitoboh underscores that he remained an officer of the Nigeria Police Force until June 10, 2029, when he would have served for 35 years and duly retired.
He argues that he is entitled to his salaries, benefits, and all other dues rightfully owed to him.
Jitoboh’s case also questions the validity of the Police Service Commission’s decisions in light of Section 4 (3) of the Police Service Commission Act, 2001.
He maintains that the PSC lacks a valid board to make decisions related to the retirement or promotion of police officers, as the board’s tenure expired in July 2023.
