.jpeg "Jitoboh sues the Police Service Commission for wrongful DIG retirement.")
In his statement of claims submitted to the court, Jitoboh asserts that his alleged compulsory retirement is a blatant infringement of Rule 020810 of the Public Service Rules and Section 18 (8) of the Nigeria Police Act, 2020, respectively.
The Police Service Commission (PSC) allegedly retired DIG Jitoboh and three other individuals, citing the justification of adhering to the longstanding practice within the Police force of retiring a senior officer when a younger officer is promoted, in order to prevent a reversal of status.
The former Deputy Inspector General (DIG) of Police is also seeking a court order to compel the Police Service Commission (PSC) to provide compensation in the amount of N500 million solely as general damages for the unjustified humiliation resulting from the alleged termination of his employment, which has unjustly represented him as a disloyal officer.
Additionally, he is requesting an additional amount of N50 million to cover the expenses associated with prosecuting this legal proceeding.
In his statement of claims, Jitoboh asserts that he has been and continues to serve as an officer of the Nigeria Police Force until June 10, 2029, at which point he will have completed 35 years of service and retire in accordance with the established regulations. Consequently, he argues that he is entitled to receive his salaries, emoluments, and all other benefits associated with his position.
The retired Deputy Inspector General (DIG) is requesting the National Industrial Court to declare that, in accordance with Section 4 (3) of the Police Service Commission Act of 2001, the defendant (PSC) lacks a legally constituted Board capable of making decisions regarding the retirement or promotion of any Police Officer. This is due to the expiration of the PSC Board's tenure in July 2023.
According to the speaker, it should be noted that the PSC Board operates under a shared term and there exists no legal foundation for Mr. Arase to continue serving in his position until the Board's term has concluded. It is important to acknowledge that Mr. Arase was appointed to fulfill the remaining duration of Mr. Musiliu Smith's tenure as the PSC Chairman, who resigned in 2022.
Jitoboh has also requested other declarations, including a Court order to invalidate the alleged mandatory retirement of the Claimant from the position of Deputy Inspector-General of Police on August 15, 2023, as imposed by the Defendant.
The claimant (Jitoboh) is additionally requesting an order to invalidate all the decisions made by the defendant (PSC) that are deemed unconstitutional and embarrassing. This includes the claimant's retirement and the subsequent promotion of another individual to fill the claimant's position, both of which were carried out in violation of the law.
The claimant asserts that there is no established tradition within the Police force that mandates the retirement of officers when they are surpassed in rank by their junior counterparts. This assertion is supported by verifiable evidence, such as the case of Mr. Ogbonnaya Onovo, who continued to serve in the force under the leadership of two junior officers until he himself was promoted to the position of Inspector General of Police.
The user also referenced the current Chairman of the Police Service Commission (PSC), Mr. Solomon Arase, who formerly worked under Suleiman Abba. It is noteworthy that Mr. Arase, despite being junior to Abba, was not subjected to compulsory retirement and eventually ascended to the office of Inspector General (IG) of Police.
The claimant furthermore recollected that in the year 2016, the Public Service Commission (PSC) allegedly terminated the employment of AIG Mbu Joseph Mbu on same grounds. However, the National Industrial Court of Nigeria rightfully overturned this judgment, deeming it unlawful, detrimental, and in violation of the constitution.