The National Industrial Court, presided over by Justice Ikechi Gerald Nweneka, in a landmark judgment, has ordered the Nigerian Navy to accord the status and all the rights, benefits, and privileges of a retired Vice Admiral to Dada Olaniyi Labinjo, who was disengaged as a captain.

According to the True Certified Copy of the judgment seen on Sunday, in Suit No. NICN/LA/67/2023 between Navy Captain Dada Olaniyi Labinjo (Claimant) and the Nigerian Navy, the Chief of Naval Staff, the Navy Board, and the Attorney General of the Federation (Defendants), the court declared that the defendants, jointly and/or severally, are bound to comply with the judgment of the Supreme Court dated 1st June 2012 in Appeal No. SC/329/2009.

This judgment affirmed the concurrent decisions of the Court of Appeal dated 12th May 2008 in Appeal No. CA/L/364/2004 and the Federal High Court dated 3rd May 2004 in Suit No. FHC/L/CS/251/2001, which ordered the defendants to reinstate the claimant to the service of the Nigerian Navy, effective from the date of his purported trial and conviction.

The court also declared that, in complying with the court-ordered reinstatement, the defendants are duty-bound to reinstate the claimant in a manner that ensures he does not lose or suffer prejudice to his seniority.

It further ordered that the claimant must be granted all the promotions that would have been due to him but for the interruption of his career progression by the illegal, unlawful, null, and void trial and conviction.

The claimant is also to receive all his entitlements, including salaries, allowances, gratuity, pension, and other accrued benefits, with effect from 13th February 2001 until the date of his death.

The court noted that, as of February 2023, the defendants had failed, refused, and/or neglected to properly and legally comply with the court-ordered reinstatement.

Additionally, it declared that as of February 2023, the defendants had not reinstated the claimant in a manner that protected his seniority, nor had they granted him the promotions and entitlements due to him from 13th February 2001.

The court further held that, as of 11th April 2017, when the defendants attempted to reinstate the claimant in compliance with the court’s order, his appropriate rank in the Nigerian Navy was Vice Admiral.

It stated: “It is declared that upon the defendants’ compliance with the court-ordered reinstatement of the claimant to the service of the Nigerian Navy by reinstating him to the rank of Vice Admiral as of 11th April 2017, the claimant, being over 60 years of age and having served over 35 years as of that date, must retire immediately after his reinstatement, with effect from 12th April 2017.”

“It is declared that the claimant is a retired Naval Officer of the rank of Vice Admiral in the Nigerian Navy, effective from 12th April 2017.

“It is ordered that the defendants, jointly or severally, in compliance with the court-ordered reinstatement, henceforth recognise, relate to, and treat the claimant as a Vice Admiral of the Nigerian Navy from 12th April 2017.”

“It is ordered that the defendants, jointly and/or severally, at all times and for all purposes, recognise and treat the claimant as a retired Vice Admiral of the Nigerian Navy.

“It is further ordered that the claimant be accorded all the rights, benefits, and privileges of a retired Vice Admiral of the Nigerian Navy with effect from 12th April 2017.”

The court also ordered the Nigerian Navy to pay the retired Vice Admiral his salaries and allowances from 26th September 2001 to 11th April 2017.

The NIC further ordered that the defendants pay the claimant his gratuity from 7th January 1975 to 11th April 2017 and his pension from 11th April 2017 to 24th January 2023, along with an unspecified amount as exemplary damages.

The court ruled that all monetary awards shall attract interest at a rate of 10% per annum from the date of judgment until the full judgment sum is paid. (Nigerian Tribune)