The National Industrial Court in Abuja has ruled that the compulsory retirement of Flying Officer B.A. Enee from the Nigerian Air Force ,NAF, was unlawful.

The Certified True Copy of the judgment, which our correspondent acquired on Saturday, showed that the court ruled Enee’s compulsory retirement on October 13, 2022, was in violation of the Armed Forces Act of 2004 and the Harmonized Terms & Conditions of Service Officers 2017 (Revised).

Consequently, the court ordered his immediate reinstatement.

Enee had filed the suit against the NAF, the Nigerian Air Council, and the Chief of Air Staff, claiming that his compulsory retirement was illegal.

Justice O.Y. Anuwe, who delivered the judgment, stated that the process leading to Enee’s retirement did not adhere to military regulations. The judge declared the retirement “invalid, void, and of no effect.”

The court ruled that Enee, as an employee whose employment was protected by law, was entitled to full reinstatement due to the unlawful termination.

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The judge further stated that a consequential order for the payment of all outstanding salaries and other entitlements would be automatically issued.

Consequently, the court ordered the NAF to reinstate Enee to his position with full rank and seniority as if he had never been retired.

Additionally, the defendants were directed to pay him all arrears of salaries, allowances, and other benefits owed from the time of his unlawful retirement until his reinstatement.

The judgment also mandated the defendants to pay Enee all accrued salaries and entitlements in line with his rank and seniority, alongside his course mates, from the date of his compulsory retirement to his reinstatement.

A cost of 500,000 was awarded to the claimant.

The court ordered that these directives be carried out within 30 days, with a 10% interest per annum to be applied to any overdue payments until full compliance.

Crediblenewsng.com