The Traffic

JUST IN: Court of Appeal Reinstates ACP Idachaba, Nullifies Eight-Year Salary Refund Order, Slams ₦2M Fine on Police

In a major legal victory, the Court of Appeal has reinstated Assistant Commissioner of Police (ACP) James C. Idachaba, overturning an earlier decision that ordered his compulsory retirement and a refund of salaries spanning eight years.

Justice Mohammed Danjuma, delivering the lead judgment, ruled that Idachaba was denied a fair hearing by the Police Service Commission (PSC) and the Nigeria Police Force (NPF) before being retired. The appellate court declared the actions taken against him unconstitutional and unjustified, setting aside the earlier judgment of the National Industrial Court delivered on May 15, 2024.

Idachaba had challenged his retirement after being promoted to ACP in 2023, arguing that his salary was abruptly halted and he was removed from service without any formal accusations or due process. He maintained that no plenary proceedings were conducted to justify the PSC's decision.

Through his counsel, Senior Advocate of Nigeria (SAN) Chikaosolu Ojukwu, Idachaba sought 11 reliefs—including a declaration that his retirement was illegal, and a perpetual injunction to prevent further disciplinary actions taken outside lawful procedure.

Despite his case being dismissed at the lower court, Idachaba pressed on with an appeal filed in September 2024. The appellate court ruled in his favor, granting all his reliefs except the demand for ₦100 million in damages.

In a decisive move, the Court awarded ₦2 million in damages against both the PSC and the NPF, to be paid jointly and severally. The panel also scrapped the earlier directive demanding Idachaba refund salaries earned since August 1, 2015.

The ruling reaffirms the judiciary's stance on the importance of fair hearing and due process, especially in disciplinary actions within public institutions.

By Haruna Yakubu Haruna