The National Industrial Court, Abuja Judicial Division, has ordered the Nigerian Navy, the Nigerian Navy Board, and the Chief of Naval Staff to restore Commodore S. I. Adebayo to his pre-trial rank, effective September 27, 2016, with full payment of outstanding salaries, allowances, and terminal benefits up to September 2022.
Delivering judgment, Hon. Justice Osatohanmwen Obaseki-Osaghae ruled that the defendants must comply within 60 days or face joint and several liability to pay damages of ₦300 million. The Court also awarded ₦5 million in legal costs to the claimant.
“The duty of this Court, in light of the disobedience and contemptuous attitude of the Defendants to the judgments and orders of the Court of Appeal and Supreme Court, is to uphold the rule of law and ensure that public confidence in the judiciary is not eroded,” Justice Obaseki-Osaghae stated.
Commodore Adebayo was convicted by a Special Court Martial in 2016 and subsequently reduced in rank to Captain. However, the Court of Appeal nullified the conviction in 2018 and directed the Navy to reinstate him. According to Adebayo, the directive was not implemented despite repeated requests, adversely affecting his career progression, including eligibility for promotion to Rear Admiral in 2022. He further disclosed that he received a notice of voluntary retirement in June 2023 while an appeal by the Navy was pending before the Supreme Court.
In their defence, the Nigerian Navy, the Navy Board, and the Chief of Naval Staff argued that Adebayo’s rank was administratively restored in 2022. They maintained that promotion to Rear Admiral is contingent upon service requirements, performance, and available vacancies, and that his retirement complied with established military regulations.
Counsel to the claimant, Mr. Odion Peter Odia Esq., argued that his client was unjustly required to sit for a promotion examination from Captain to Commodore, rather than being reinstated and duly considered for elevation to Rear Admiral. He urged the Court to enforce earlier judgments and safeguard his client’s seniority and entitlements.
In its ruling, the Court held that the Navy’s failure to comply with the 2018 appellate judgment constituted contempt. It underscored the distinction between restoration and promotion, noting that the delay in reinstatement resulted in a loss of seniority and placed Adebayo at a disadvantage relative to his peers.
“The filing of an appeal without a stay of execution does not absolve the Nigerian Navy from obeying the judgment,” the Court ruled, reaffirming the primacy of legal compliance in public sector employment administration.
