In a pivotal ruling that strengthens accountability in Nigeria’s police administration, the Court of Appeal has ordered the immediate reinstatement of Assistant Commissioner of Police (ACP) James C. Idachaba. The court also nullified a previous directive requiring him to refund eight years’ salaries.
Justice Mohammed Danjuma, who delivered the lead judgment, held that the Police Service Commission (PSC) violated due process in compulsorily retiring ACP Idachaba. The judge ruled that the retirement breached his constitutional right to a fair hearing. The directive demanding salary reimbursement from August 1, 2015, was declared unlawful and unenforceable.
The decision followed an appeal filed by Idachaba’s legal representative, Chikaosolu Ojukwu SAN. The appeal challenged a National Industrial Court ruling from May 15, 2024, which had upheld the PSC’s action.
According to court documents, Idachaba was promoted to ACP in 2023. Shortly after, his salary was stopped, and he was compulsorily retired without being informed of any formal allegations. He was also denied access to the PSC plenary session records where the decision was allegedly made.
Ojukwu argued that the PSC’s actions contravened multiple constitutional and statutory provisions governing police service and disciplinary procedures. He also cited a 2023 Supreme Court decision (NPF & Ors v. PSC & Anor) confirming that the PSC cannot delegate disciplinary authority to the Nigeria Police Force or any third party.
The Appeal Court agreed with the arguments. It ruled the compulsory retirement invalid and ordered full reinstatement of ACP Idachaba, including all rights and benefits effective from August 18, 2023. Although the court dismissed his N100 million damages claim, it awarded him N2 million in compensation. The PSC and the Nigeria Police Force were ordered to pay the amount jointly.
This judgment marks a significant precedent. It emphasizes the importance of due process in disciplinary matters affecting senior police officers and reaffirms legal protections for public servants under Nigerian law.
