Abuja, Nigeria – Mr. Moses Jitoboh, a Deputy Inspector General of Police (DIG) who was compulsorily retired, has taken legal action by filing a case with the National Industrial Court in Abuja. In his lawsuit, he seeks to declare his retirement by the Police Service Commission as wrongful, unconstitutional, and unlawful, as it occurred before he reached the mandatory retirement age of 60 or 35 years in service.
Jitoboh’s statement of claims filed with the court argues that his compulsory retirement constitutes a clear violation of Rule 020810 of the Public Service Rules and Section 18 (8) of the Nigeria Police Act, 2020.
The Police Service Commission had, on August 28, 2023, announced the retirement of DIG Jitoboh and three other senior officers, citing the tradition of retiring officers when junior police officers are promoted over their senior counterparts to prevent ‘status reversal.’
In addition to seeking the declaration of the invalidity of his retirement, retired DIG Jitoboh is requesting the court to order the Police Service Commission to pay him ₦500 million as general damages for the unwarranted embarrassment caused by his purported termination, which had portrayed him as disloyal.
He is also asking for ₦50 million to cover the cost of prosecuting the ongoing legal action.
Jitoboh maintains in his statement of claims that he was and remains an officer of the Nigeria Police Force until June 10, 2029, when he would have completed 35 years in service and retired as per regulations. He argues that he is entitled to his salaries, emoluments, and all other benefits due to him.
Furthermore, the retired DIG is seeking the declaration of the National Industrial Court that, in accordance with Section 4 (3) of the Police Service Commission Act, 2001, the defendant (PSC) lacks a valid board to make decisions related to the retirement or promotion of police officers, as the PSC Board’s tenure expired in July 2023.
The case is expected to be closely monitored as it may have far-reaching implications for police personnel and their retirement procedures in Nigeria.