By Oki Samson
WHEN clarity and impartiality has been set by a court of competent jurisdiction over a matter, it is unbelievable and incomprehensible that an individual, group of individuals, or organizations will routinely choose to disregard the same. Cases of defying court judgements have become one too many in the growth of our democracy and if not nipped in the bud might lead to its early demise. To underscore, court judgements are fundamental to the enthronement of rule of law which is a principle of democracy.
The latest in the disregard of court judgements is the one involving the members of Police Course 18, 19 and 20 and their leadership under the Police Service Commission.
As an explainer, as if teaching a 5-year-old, a court judgement in Nigeria is defined to be ‘a binding, authentic, official judicial determination of the court in respect of the claims and in an action before it’ (Supreme Court, in case of Saraki & Anor v. Kotoye, 1992).
Thus, the court judgement of the National Industrial Court of Nigeria labelled on 13th January 2021 is binding and official.
The case was between the claimants, CSP Sunday Okuugeni, CSP Asuquo U. Inyan, CSP Kalu Okpor Chikezie, and CSP Adetutu U. Omoteso v. respondents, Police Service Commission, Inspector-General of Police, and the Force Secretary.
To remove all ambiguity, it is important to recall the following judgement of the said court. It was accordingly entered by the Presiding judge, Hon. Justice Oyewumi Oyebiola O. It is summarized thus:
1. That the decision of the 1st defendant in her 24th plenary meeting in relation to the regularization of date of first appointment of the claimants and all members of course 20 (Force entrants) of the Police Academy they represent is valid and subsisting and it is not subject to a review by the 2nd and 3rd defendant.
2. That the dates of first appointment into service or the claimants, all members of course 20 (Force entrants) of the Police academy is as contained in their various letters of appointments as 1st of May 2000.
3. That the retirement of some of the claimants prematurely was unlawful, null, and void and thus set aside.
4. That the claimants unlawfully retired are entitled to be reinstated and should be paid their salaries, allowances, and other entitlements.
5. That the claimants’ relief (e) fails
6. That the defendants are restrained from prematurely retiring the claimants and other members of course 20 (Force entrants) of the Police academy.
7. No award as to cost
Now, to break the matter down for an average Nigerian. There are 197 senior police officers who are currently serving the country meritoriously who are facing forced retirement. They are members of course 18, 19, and 20 of the Nigeria Police Force who have various numbers of years of service under their belt. Yet, the number of years of each individual is not up to 35 years or age 60 (whichever is first) which makes them due for retirement. They had entered the Nigeria Police as a noncommissioned officer, commonly known as Constable. They had gotten back to school to pursue their academic careers to place them on a fresh start like civilians who were just entering the Nigeria Police Force for the first time. Thus, they got their letters of appointment when they began their journey as Cadet ASPs like other Nigerians who had entered the Nigeria Police Force fresh as university graduates. It is at this point of entry that their years of service began to count. This is what the National Industrial Court of Nigeria clarified. What then is difficult to agree with on this matter?
It is important to add that the same Police Service Commission (PSC) had in a plenary meeting affirmed this stance in 2017. It is this meeting that was referred to in the summary of court judgement point 1 as ‘in her plenary meeting’.
This meeting held on 25th October 2017 is labeled PSC/1524/11/275 in the Police Service Commission’s records for authentication.
The Inspector-General of Police had in a letter dated 30th April 2021 ordered its Force Secretary to comply with the court judgement, quote ‘It is the directive of the Inspector-General of Police that you comply with the orders contained in the National Industrial Court’s judgement (as attached) in line with the position and request of the Police Service Commission’.
If all of these peaceful moves have been made in times past, why is there a reversal of this harmonious resolutions in 2025? If the substantive outcomes of a plenary meeting held 6 years ago were not agreeable to any party, ought not a court judgement 4 years ago be enough to quell misinformation, misgivings, and misunderstanding in Nigeria’s 4th Republic?
This back and forth is not good for our country. Reverse all forced retirements and stop otherwise forthwith so that these 197 senior officers can continue their jobs as members of ‘A Police Force that is well-positioned for appropriate and adequate response to the dynamics of criminality in our contemporary society’, as the the Nigeria Police Force envisions.
