The National Industrial Court of Nigeria, Lagos Judicial Division, has declared the compulsory retirement of a Nigerian Correctional Service (NCoS) officer, Mr Omaide Emmanuel, unlawful and ordered his reinstatement, alongside payment of his outstanding salaries, allowances and other employment benefits from November 2023 to August 31, 2025, after finding that he was retired before completing 35 years of pensionable service.
In a judgment delivered by Justice Sanda Yelwa on October 5, 2026, the court ruled that Emmanuel’s purported retirement in November 2023 was premature, null and void. It ordered the NCoS to reinstate him to the rank and position he held immediately before his retirement, with his rights, privileges, seniority and benefits restored for the period.
The court directed the service to calculate and pay his outstanding salaries, allowances and other accruing employment benefits in line with his applicable salary structure and service records. It also awarded him N300,000 in costs.
Emmanuel had told the court that he was born on December 31, 1965, and was due to retire on August 31, 2025, after completing 35 years in service. He relied on documents, including his National Identification Number slip, sworn declaration of age, appointment letter, Integrated Personnel and Payroll Information System (IPPIS) enrolment form and Pension Commission certificate, to support his claim.
He said he had served the correctional service for more than 33 years without disciplinary issues and had risen through various positions to the rank of Controller.
The dispute followed an invitation by a seven-member committee on March 23, 2023, over an alleged discrepancy in his date of birth. Emmanuel said he presented documents showing his date of birth as December 31, 1965, but was later directed, through a letter dated November 3, 2023, to collect his retirement letter.
His counsel, Cornelius Abiakwe, argued that the Public Service Rules provide for compulsory retirement at the age of 60 or after 35 years of pensionable service, whichever comes first.
The court found that the documents presented by Emmanuel supported his date of birth and established that he was appointed on August 31, 1990. It held that the defendants failed to establish the alleged discrepancy in his date of birth, produce the document on which the allegation was based or demonstrate a lawful reason for retiring him in November 2023.
The judgment records no appearance for the defendants at the hearing, although they had filed statements of defence in the case.
The court held that Emmanuel completed 35 years of pensionable service on August 31, 2025, and ordered that his retirement as Assistant Director take effect from that date. Although he was born in December 1965, he would not turn 60 until December 31, 2025.
The court rejected his requests for accelerated promotion to Assistant Controller-General or any other particular rank, N10 million in general damages and claims of N5 million and N2.5 million for legal fees. It also ordered that any outstanding monetary sum under the judgment would attract 10 per cent annual interest if not paid within 30 days of the judgment.
The judgment highlights the importance of accurate employee records and the proper application of retirement rules in workforce management. For HR professionals and employers, it reinforces the need to verify employees’ dates of birth, appointment records and years of pensionable service before making retirement decisions, give employees a fair opportunity to address discrepancies and maintain proper documentation. Failure to follow applicable service rules and procedures can expose organisations to costly employment disputes and court orders.
