Abuja: The Court of Appeal in Abuja has ordered the immediate reinstatement of Assistant Commissioner of Police (ACP) James Idachaba, who was compulsorily retired by the Police Service Commission (PSC). The reinstatement comes after the appellate court reversed the directive by the PSC that required Idachaba to refund eight years’ salaries starting from August 1, 2025.
According to News Agency of Nigeria, the appeal was filed by Idachaba’s lawyer, Chikaosolu Ojukwu, SAN, challenging the decision of the National Industrial Court of Nigeria (NICN). Justice O.O. Oyewumi of the NICN had previously dismissed Idachaba’s originating summons on May 15, 2024, which contested his compulsory retirement from the police force.
Idachaba had argued that after his promotion to ACP in 2023, his salary was unjustly stopped by the PSC and the police. He claimed this was done without granting him a fair hearing and without providing any documentation of the allegations or the decision-making process that led to his retirement.
Ojukwu, representing Idachaba, sought a total of 11 reliefs, arguing that the compulsory retirement and salary refund directive violated Idachaba’s right to a fair hearing. Ojukwu urged the court to reinstate Idachaba immediately and unconditionally, restoring him to his rank with all associated rights and benefits from August 18, 2023.
The NICN had dismissed Idachaba’s suit, stating that he failed to prove his case or justify the exercise of the court’s discretionary power in his favor. Following this, Idachaba filed an appeal on September 24, 2024, which was opposed by the police.
On Friday, the three-member panel of justices at the Court of Appeal resolved the issues in favor of Idachaba, declaring the appeal meritorious. The judgment of the lower court was set aside, and the appellate court also awarded the sum of N2 million against the 1st and 2nd respondents to be paid jointly and severally.
