Ex-police DIG sues PSC over ‘compulsory’ retirement, seeks N500m compensation

Moses Jitoboh, a former deputy inspector general (DIG) of police, has sued the Police Service Commission (PSC) alleging that he was compulsorily retired.

In the suit filed before the industrial court in Abuja, Jitoboh said he has not reached the retirement age of 60 nor has he served up to 35 years in the police force.

In his statement of claims filed before the court, Jitoboh further described his purported compulsory retirement as a flagrant violation of Rule 020810 of the Public Service Rules and Section 18 (8) of the Nigeria Police Act, 2020, respectively.

He told the court that the PSC compulsorily retired him and three others on the ground that it was upholding the police tradition of retiring senior officers when their junior is promoted over them, to avoid what it termed as “status reversal”.

The retired DIG is praying the court for an order setting aside his compulsory retirement.

He is also seeking N500 million as general damages for the unwarranted embarrassment caused by the purported termination of his employment as he has been portrayed as a disloyal officer.

He is also asking for another sum of N50 million as the cost of prosecuting this action.

He wants the court to also order the commission to pay N50 million as the cost of prosecuting the suit.

In his statement of claims, Jitoboh maintained that he remains an officer of the NPF until June 10, 2029, when he would have attained 35 years in service.

He argued that he ought to be entitled to his salaries, emoluments and all other paraphernalia of office due to him, pending his retirement from the force.

In addition, he requested a declaration from the court stating that, in accordance with Section 4(3) of the Police Service Commission Act, 2001, the defendant (PSC) lacks the legal authority to make any decisions regarding the retirement or promotion of any police officers, citing the PSC Board’s tenure as having ended in July 2023.

He stated that the PSC Board has a joint tenure and that Solomon Arase was chosen to fill the position of Musiliu Smith, who resigned as PSC Chairman in 2022, and that there is no legal basis for him to continue in office after the board’s tenure has ended.