Former DIG Moses Jitoboh takes PSC to court, demand reinstatement, ₦550m damages

Mr. Moses Jitoboh, a Deputy Inspector General of Police who was retired involuntarily, has taken legal action by filing a petition with the National Industrial Court in Abuja. He is seeking a declaration from the court that his retirement by the Police Service Commission, which occurred prior to reaching the mandatory retirement age of 60 or completing 35 years of service, was wrongful, unconstitutional, and illegal.

In his formal complaint submitted to the court, Jitoboh has described his enforced retirement as a clear violation of Rule 020810 of the Public Service Rules and Section 18 (8) of the Nigeria Police Act, 2020.

As reported by The PUNCH on August 28, 2023, the Police Service Commission (PSC) announced the retirement of DIG Jitoboh and three others. The PSC cited the police tradition of retiring officers when a junior police officer is promoted over senior officers to prevent ‘status reversal’ as the basis for their retirement.

Additionally, the retired DIG, Moses Jitoboh, is requesting the court to order the PSC to pay ₦500 million as general damages for the unwarranted embarrassment caused by his purported termination, which portrayed him as a disloyal officer. He is also seeking ₦50 million to cover the costs of prosecuting the ongoing legal action.

In his statement of claims, Jitoboh firmly asserts that he remained an officer of the Nigeria Police Force until June 10, 2029, when he would have completed 35 years in service and retired. Consequently, he believes he is entitled to receive his salaries, emoluments, and all other rightful entitlements associated with his position.

Furthermore, the compulsorily retired Deputy Inspector General is urging the National Industrial Court to declare that, in line with Section 4 (3) of the Police Service Commission Act, 2001, the defendant (PSC) lacks a valid board to make any decisions regarding the retirement or promotion of any police officer since the PSC Board’s tenure concluded in July 2023.