The National Industrial Court has ordered the Nigerian Navy to accord Navy Captain Dada Labinjo all the rights, benefits and privileges of a retired Vice-Admiral of the Nigerian Navy effective April 12, 2017.
Justice Ikechi Nweneka of the NICN delivered this judgment on March 24 in a suit no NICN/LA/67/2023 between Labinjo (claimant) and The Nigerian Army, the Chief of Naval Staff, the Navy Board and the Attorney General of the Federation as defendants.
Labinjo, who was disengaged as a captain, had through his counsel, Andrew Igboekwe (SAN), commenced the suit at the NICN, Lagos division, on March 7, 2023, seeking 21 reliefs.
Parts of the Certified True Copy of the judgment read, “An order directing the defendants jointly or severally to, in compliance with the court-ordered reinstatement of the claimant into the service of the Nigerian Navy, henceforth for all purposes recognise, relate to, and treat the claimant as a vice admiral in the Nigerian Navy as at 11th April 2017.
“An order directing the defendants, jointly and/or severally to, at all times, and for all purposes, recognise and relate to the claimant, Dada Olaniyi Labinjo, as a retired Vice Admiral of the Nigerian Navy.
It further granted, “An order directing the defendants jointly and/or severally to accord all the rights, benefits, and privileges of a retired vice admiral of the Nigerian Navy to the claimant, Dada Olaniyi Labinjo, with effect from 12th April 2017.”
Labiinjo had approached the court seeking a declaration that the defendants are “jointly and/or severally bound to comply with the judgment of the Supreme Court dated 1st June 20L2 in Appeal No. 5C132912009, which affirmed the concurrent decisions of the Court of Appeal dated 12th May 2008 in Appeal No. CA/L/36412004 and the Federal High Court dated 3rd May 2004 in Suit No. FHClL/CSZ5/2001, which ordered the Defendants jointly and/or severally to “reinstate the Applicant to the service of the Nigerian Navy effective from the date of the purported trial and conviction.”
He also sought, “a declaration that in complying with the Court-ordered reinstatement of the claimant to the service of the Nigerian Navy effective from the date of the purported trial and conviction Of the Claimant, the Defendants jointly and/or severally are duty-bound to reinstate the Claimant in such a manner as to ensure that he does not lose/prejudice his seniority.”
In addition, he sought that “all the promotions that would have been due to him but for the interruptions of the Claimant’s career progression by the illegal, unlawful, null and void trial and conviction of the Claimant and that the Claimant is also given all his benefits including salaries, allowances, gratuity, pension and all other accrued benefits with effect from February 13, 2001, till the date of the death of the claimant.”
Delivering the judgment, Justice Nweneka ordered that the defendants jointly and/or severally, at all times and for all purposes, recognise and relate to the Claimant as a retired Vice Admiral of the Nigerian Navy.
The judgment on March 24 also mandated that the Navy pay a total judgment sum running into millions within 30 days from the judgment date.
The court also ordered payment of outstanding salaries and allowances from March 26, 2001, to January 2024 as well as gratuity due for his services to the Nigerian Navy from January 7, 1975, to April 2017
In addition, the court ordered payment of millions as pension from April 11, 2017, to January 2023 and another pension from February 2023 to March 2025.
This is apart from the sum being a security debarment allowance as of the year 2022.
The judge further ordered that “the defendants jointly and/or severally pay the Claimant all the monetary awards in this suit by paying the sums either directly to the Claimant or to the client’s account of Messrs Andy lgboekwe, SAN & Co., the details of which will be advised in writing to the Defendants within 30 days from the date of this judgment.
It is ordered that the 1st to 3rd Defendants publish the Claimant’s retirement in the Gazette.
The monetary awards shall attract interest at the rate of 10 per cent per annum from the date of judgment until the judgment sum is fully liquidated.
It further gave an order directing the defendants to forthwith publish or cause to be published in all relevant and necessary government, military, or public records, including publications in the gazette of the Federal Government of Nigeria, all applicable judgments of this Court as ordinarily required to be so published.
Reacting, the claimant’s counsel, Andy Igboekwe (SAN) expressed his satisfaction with the judgment of the court, noting that the claimant who was wrongfully dismissed from service by the Nigerian Navy in 2001 in the rank of Navy Captain finally got justice after about 24 years.
He expressed belief that the Nigerian Navy, as a law-abiding institution, will promptly comply with the judgment of the court.
