The National Industrial Court in Abuja has ruled that the compulsory retirement of Flying Officer B.A. Enee from the Nigerian Air Force was unlawful.
According to a Certified True Copy of the judgment obtained on Saturday, the court found that Enee’s forced retirement on October 13, 2022, violated the Armed Forces Act 2004 and the Harmonized Terms & Conditions of Service Officers 2017 (Revised). Consequently, the court ordered his immediate reinstatement.
Enee had sued the Nigerian Air Force, the Nigerian Air Council, and the Chief of Air Staff, arguing that his retirement was illegal.
Delivering judgment, Justice O.Y. Anuwe declared that the process leading to Enee’s dismissal did not comply with military regulations. The judge ruled that his removal was “invalid, void, and of no effect,” emphasizing that an employee whose employment is protected by statute and was unlawfully removed is entitled to full reinstatement.
As a result, the court ordered NAF to restore Enee to his position with full rank and seniority, as if he had never been removed. Additionally, the defendants were directed to pay all arrears of salaries, allowances, and other entitlements from the date of his retirement to his reinstatement.
“The defendants are to pay the claimant all his accrued salaries, emoluments, and entitlements at the appropriate rank and seniority with his course mates from the date of his compulsory retirement until his reinstatement,” the court ruled.
Furthermore, the court imposed a fine of N500,000 on the defendants as costs to the claimant. It also ordered that all directives be executed within 30 days, failing which an annual interest of 10% would be applied until full compliance is achieved.
