Court orders PSC to pay Mbu N40m over unlawful retirement 

 The Police Service Commission (PSC) was Monday ordered by the National Industrial Court (NIC) to pay AIG Joseph Mbu (Rtd), the sum of N40 million as general damages over his unlawful retirement before attaining the age of 60.

The verdict was passed by Justice Osatohanmwen Obaseki-Osaghae.
The judge also set aside the retirement of Mbu and  said he remains an officer of the Nigeria Police Force (NPF) until he attains the mandatory retirement age of 60 on May 10, 2018.
”I hold that the claimant’s premature retirement through a press release on July 2, 2016 is unlawful, unconstitutional, null and void and of no effect,” Justice Obaseki-Osaghae ruled.
The judge also ordered that the sum of N750,000 be paid to  him as cost of the suit, adding that failure of the defendant to comply with the orders of the court within 30 days will attract a 10 percent interest per annum.
The court also ordered the PSC to pay Mbu his accumulated salaries, allowances and entitlement from July 2, 2016 when he was forcefully retired until May 10, 2018, when he would have retired  at the mandatory age of 60 years.
In his evidence in chief before the court,

Mbu had stated that he was born May 10, 1958 and that he joined the police on December 11, 1985, and he had not reached the mandatory retirement age of 60, nor had he spent 35 years in service before he was retired in 2016.
The claimant therefore sought amongst other reliefs an order of the court to invalidate his retirement which he said  was done via a press release as he was never served statutory notice of retirement.
He also sought for an order of the court directing the defendant to pay his salaries, allowances and other entitlements from July 2016 to 2018, when he would  be due for retirement.
He also sought for payment of his terminal benefits, N500 million as general damages and N20 million as cost of the suit.
Justice Obaseki-Osaghae declined one of the reliefs sought by Mbu for a promotion to the position of a DIG and reinstatement into the police force.
The judge stated that the promotion relief cannot be sustained as the claimant had reached the mandatory retirement age on May 10, 2018 when the suit was pending.