Court Orders Reinstatement of ACP Adesina Olunlade, 21 Force Entrants into the Nigerian Police Force

Hon. Justice Oyebiola Oyewumi of the Abuja Judicial division of the National Industrial Court has ordered the reinstatement of ACP Adesina Olunlade, CSP Regina Mogbojuru and other members of the Course 21 (Force Entrants) into the Nigerian Police Force without loss in rank or benefits having not attained 60 years of age or 35 years of service and be allowed to remain in service till the 22nd of February, 2026 and 7th August, 2025 respectively when they will be 60 years of age.

The Court ordered that ACP Adesina Olunlade, CSP Regina Mogbojuru and other members of Course 21 (Force Entrants) who were retired unlawfully are to be paid their salaries from the period of their unlawful retirement till when they are reinstated or lawfully supposed to leave the service either by age or 35 years of service.

Justice Oyewumi directed that the records of service of ACP Adesina Olunlade, CSP Regina Mogbojuru and other members of Course 21 (Force Entrants) reflect 15th of August 2002 as their date of appointment as Cadet ASP and restrained the Police Service Commission, Inspector-General of Police and Force Secretary, Nigeria Police Force from forcefully retiring them before their retirement age of 60 years.

From facts, the claimants- ACP Adesina Olunlade, and CSP Regina Mogbojuru representing themselves and all members of Courses 21 (Force Entrants) of the Police Academy had submitted that they were Police Officers and members of Courses 21 (Force Entrants) of the Police Academy and that the defendants from 1989 started a policy of advertising for vacancies in the establishment of assistant superintendent of Police and Inspectors and some qualified serving members of the rank and file with University degrees who were interested in the cadet program were directed to resign their appointment and apply for the program afresh like their civilian counterparts which they did.

They contended that they were not yet ripe for retirement when they were sent on retirement as their date of appointment as cadet ASP is still running, urged the court to grant the reliefs sought.

In defense, the Inspector-General of Police and Force Secretary, Nigeria Police Force maintained that there was no cadet scheme in the Force in 1989 and averred that ACP Adesina Olunlade, CSP Regina Mogbojuru and others were not dismissed based on misconduct rather they were asked to retire because they have served out their statutory number of years with effect from the dates of their previous employment as rank and file.

They submitted further that ACP Adesina Olunlade and others who alleged that they were asked to resign failed to prove their resignation from their rank and file and urged the Court to discountenance the signals relied upon by the claimants because they are not written in the language of the Court.

In a well-considered judgment, the presiding Judge, Hon. Justice Oyebiola Oyewumi held that the Police Signals are clear to the effect that they were issued in respect of a cadet ASP program in the year 1989 and the directive of the Police Service Commission at its 24th Plenary Meeting clearly made reference to a signal dated 1st June 1989 which directed non-commissioned officers to resign their appointments before taking up an appointment as Cadet ASPs.

Justice Oyewumi faulted the submission of the Police counsel on the submission that the Court should discountenance the signals because they are not written in the language of the Court as laughable and unfounded.

The Court ruled that a perusal of the letters of appointment of ACP Adesina Olunlade and CSP Regina Mogbojuru has shown that where an applicant fails to resign his previous appointment in the Force as stipulated, upon being successful and being appointed as a Cadet ASP, he is deemed to have resigned his previous appointment.

Justice Oyewumi further stated that there is nothing in either Regulations 39, 40, 41 or 42 of the Police Regulations which forbids a member of the rank and file from being appointed as cadet ASP except by promotion.

The Court further ordered that all other affected members of Course 21 (Force Entrants) who have not also reached retirement age should be reinstated back into the Force without loss in rank or benefits and be allowed to continue in service until they attained either 60 years of age or 35 years in service (from their date of appointment as Cadet ASP) whichever is earlier.

“In fact, the 1st defendant did the right thing by directing that the date of the first appointment of such officers be reckoned with the date of appointment as ASP. Thus, I find that the decision of the 1st defendant at the 24th Plenary Meeting is valid in law and ought to be obeyed. It is an affront to the powers of the 1st defendant for the 2nd and 3rd defendants to refuse to carry out its lawful order.” The Court ruled