An employee who was retired by the Nigerian Correctional Service before the attainment of 60 years old or 35 years in service has got a reprieve from the court as he had been asked to be reinstated by the organisation.
Justice Sanda Yelwa of the Lagos Judicial Division of the National Industrial Court declared the compulsory retirement of Mr Francis Emmanuel by the Nigerian Correctional Service in November 2023 before attaining 60 years of age or completing 35 years of pensionable service as unlawful, premature, null and void and of no effect.
The court ordered that he be reinstated into the rank/position he held before the compulsory retirement, with all rights, privileges, seniority and benefits attached thereto, from November 2023 to 31st August, 2025.
Justice Yelwa also ordered the Correctional Service to pay Emmanuel his salaries and allowances from November 2023 to August 2025, together with other accruing employment benefits, subject to computation in accordance with his applicable salary structure and service records. The court also awarded him N300,000 as costs of the action.
According to available court documents, Emmanuel submitted that he was born in December 1965 and relied on his National Identification Number slip, sworn declaration of age, Letter of Appointment, IPPIS Capturing Form and PENCOM Certificate in support of his date of birth.
He maintained that his proper retirement date was August 31, 2025, upon completing 35 years of pensionable service.
He also stated that he served for over 33 years without disciplinary issues and rose through various positions to the rank of Controller.
He added that on March 23, 2023, a seven-member committee constituted by the Nigerian Correctional Service invited him to appear before it to investigate an alleged discrepancy in his official records concerning his date of birth.
According to him, he presented documents showing that his correct date of birth was December 31, 1965, but was subsequently directed, by a letter dated November 3, 2023, to collect his retirement letter.
However, during the period the matter lasted, the Nigerian Correctional Service, the Civil Defence, Corrections, Fire and Immigration Services Board failed to appear for their defence despite the service of hearing notice and court processes.
In his judgment, Justice Yelwa held that the Public Service Rule provides for compulsory retirement at 60 years of age or 35 years of pensionable service, whichever is earlier.
The judge found that Mr. Emmanuel had adduced credible, consistent and documentary evidence in support of his claims, including evidence establishing his appointment into the Nigerian Prison Service on August 31, 1990 and his date of birth as December 31, 1965.
He further held that the Correctional Service and two others had not placed before the court any evidence establishing a lawful basis for compulsorily retiring him in November 2023 when he had neither attained 60 years of age nor completed 35 years of pensionable service.
Justice Yelwa stated that the Nigeria Correctional Service and two others failed to establish the alleged discrepancy in Mr. Emmanuel’s date of birth, produce the document upon which the allegation was founded, or demonstrate a lawful basis for retiring him on that ground.
The judge also held that Emmanuel attained the mandatory retirement age of 60 years on August 31, 2025 while the suit was pending, and could therefore no longer be reinstated into service after attaining the statutory retirement age.
Consequently, he ordered that Emmanuel’s retirement as Assistant Director should take effect from August 31, 2025.
The judge however refused his prayer for accelerated promotion to the rank of Assistant Controller-General or any particular rank, as well as his claims for N10 million in general damages as well as N5 million and N2.5 million respectively in legal fees.
