Court fines Air Force N500,000 over officer’s compulsory retirement
The National Industrial Court in Abuja has declared the compulsory retirement of Flying Officer B.A. Enee from the Nigerian Air Force as unlawful.
In the Certified True Copy of the judgment obtained by our correspondent on Saturday, the court ruled that Enee’s compulsory retirement from service on October 13, 2022, was a violation of the Armed Forces Act 2004 and the Harmonized Terms & Conditions of Service Officers 2017 (Revised).
The court therefore ordered his immediate reinstatement.
The suit in which NAF, Nigerian Air Council, and the Chief of Air Staff were named as defendants, was brought before the court by Enee, who contended that his compulsory retirement was illegal.
Delivering judgment on the case, Justice O.Y. Anuwe stated that the process leading to Enee’s retirement did not conform to military regulations.
The judge ruled that his removal was “invalid, void, and of no effect.”
Anuwe stated that an employee whose employment was protected by statute and was unlawfully removed was entitled to full reinstatement.
“A consequential order for the reinstatement and payment of outstanding salaries and other entitlements of the employee from the time of the unlawful removal will automatically be made,” the judge ruled.
The court, therefore, ordered NAF to reinstate Enee to his position with full rank and seniority as if he had never been removed.
In addition, the defendants were directed to pay him all arrears of salaries, allowances, and other benefits from the date of his retirement to his reinstatement.
“The defendants are ordered to pay the claimant all his accrued salaries, emoluments and entitlements on the appropriate rank and seniority with his course mates from the date of his compulsory retirement till the date of his reinstatement.
“The sum of 500,000 is awarded as cost to the claimant.
“The orders made must be carried out within 30 days from today, failing which the orders in 4 and 5 above will attract a 10% interest per annum until they are fully complied with,” the judgment added.
