Moses Jitoboh, a retired Deputy Inspector General of Police, has taken legal action against the Police Service Commission for his compulsory retirement on August 28.
He, along with three other DIGs, was forcibly retired by the PSC for not adhering to the police tradition of voluntary retirement when a junior officer is promoted over senior officers to avoid ‘status reversal.’
In his petition filed at the National Industrial Court in Abuja, Jitoboh seeks to have his retirement declared wrongful, unconstitutional, and unlawful, as it occurred before he reached the mandatory retirement age of 60 or had served for 35 years.
Jitoboh asserted that his compulsory retirement flagrantly violated Rule 020810 of the Public Service Rules and Section 18(8) of the Nigeria Police Act, 2020.
He maintains that he remains a serving officer in the Police Force until June 10, 2029, when he would have completed 35 years of service.
As such, he believes he is entitled to his salaries, emoluments, and all other benefits due to him.
Furthermore, Jitoboh is seeking N500 million in general damages to compensate for the unwarranted embarrassment caused by the termination of his employment, which he claims portrays him as disloyal.
He also demands an additional N50 million to cover the costs of prosecuting the case.
Jitoboh argues that the notion of a police tradition that requires the retirement of senior officers when a junior officer is promoted over them is not supported by verifiable evidence.
He cites examples such as Mr. Ogbonnaya Onovo, who served under two junior officers without being forcibly retired until he eventually became the Inspector General of Police.
He also mentions Mr. Solomon Arase, the present Chairman of the PSC, who served under a junior without facing compulsory retirement.
The claimant questions the origins of this so-called “Police Tradition” and points out that a similar retirement decision was overturned by the National Industrial Court in 2016 when AIG Mbu Joseph Mbu was retired on similar grounds.
The court deemed that decision unlawful, embarrassing, and unconstitutional.
