By joshua 
Court orders Navy to accord disengaged Captain Labinjo with Vice Admiral status
The National Industrial Court presided over by Justice Ikechi Gerald Nweneka in a landmark judgement has ordered the Nigerian Navy to accord the status and all the rights, benefits and privileges of a retired Vice-Admiral of the Nigerian Navy to Dada Olaniyi Labinjo who was disengaged as a captain.
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 has finally gotten the justice he truly deserves after about 24 years. He believes that the Nigerian Navy as a law abiding institution will promptly comply with the judgment of the court.
According to the True Certified Copy of the judgement seen on Monday, of the Suit No. NICN/LA/67/2023, between Navy Captain Dada Olaniyi Labinjo, (Claimant) and the Nigerian Navy, The Chief of Naval Staff, The Navy Board and the Attorney General of the Federation, (Defendants); the court declared that the defendants jointly and/or severally are bound to comply with the judgment of the Supreme Court dated 1st June 2012 in Appeal No. SC/32912009, 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. FHCIL/CS|Z5|2)1|, which ordered the defendants jointly and/or severally to reinstate the claimant to the service of the Nigerian Navy, effective from the date of his purported trial and conviction.
It also declared that in complying with the Court-ordered reinstatement of the claimant to the service of the Nigerian Navy effective from the date of his purported trial and conviction, the defendants jointly and/or severally are duty bound to reinstate the claimant in a manner as to ensure that he did not lose/prejudice his seniority and that the claimant is given 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 and that the claimant is also given all his benefits including salaries, allowances, gratuity, pension and all other accrued benefits with effect from 13th February 2001 till the date of his death.
It further declared that as of February 2023, the defendants jointly and/or severally have refused, failed, and/or neglected to properly and legally comply with the Court-ordered reinstatement of the claimant to the service of the Nigerian Navy, effective from the date of his purported trial and conviction.
In addition, it declared that as of February 2023, the defendants jointly and severally have not properly and legally reinstated the claimant to the service of the Nigerian Navy in a manner as to ensure that he did not lose/prejudice his seniority and that the claimant is given 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 13th February 2001.
The court further declared that as of 11th April 2017 when the defendants jointly and/or severally decided to reinstate the claimant into the service of the Nigerian Navy in compliance with the Court-ordered reinstatement of the claimant into the service of the Nigerian Navy, the claimant appropriate rank in the Nigerian Navy was a Vice Admiral.
It said: “It is declared that upon the defendants jointly and/or severally complying with the Court-ordered reinstatement of the claimant into the service of the Nigerian Navy by reinstating the claimant to the rank of Vice Admiral of the Nigerian Navy as of 11th April 2017, the claimant, by his age as of 11th April 2017 being over 60 years old and by his years of service as of 11th April 2017 being over 35 years, must retire from the service of the Nigerian Navy immediately after his reinstatement on 11th April 2017 with effect from 12th April 2017.
“It is declared that the claimant is a retired Naval Officer of the rank of Vice Admiral in the Nigerian Navy with effect from 12th April 2017. It is ordered that the defendants jointly or severally, 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 from 12th April 2017.
“It is 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. It is ordered that the defendants jointly and/or severally accord the claimant all the rights, benefits, and privileges of a retired Vice Admiral of the Nigerian Navy with effect from 12th April2017.
The court also ordered the Nigerian Navy to pay the retired Vice Admiral his salaries and allowances from 26th September 2001 to 11th April 2017.
NIC also ordered that the defendants jointly and/or severally pay the claimant his gratuity from 7th January 1975 to 11th April 2017 and his pension from 11th April 2017 till the death of the claimant, and some amount (withheld) as exemplary damages.
The court ordered that the monetary awards shall attract interest at the rate of 10% 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 judgment of this Court as ordinarily required to be so published.
The claimant had sought the following reliefs:
A declaration that the Defendants jointly and/or severally are 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. FHC/L /CS/25/2001, 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.”
A declaration that in complying with the Court-ordered reinstatement of the claimant of 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 and that the claimant is given 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 13th February 2001 till the date of the death of the claimant.
A declaration that as at the date of filing this suit i.e. February 2023 [sic, March] the defendants jointly and/or severally have refused, failed, and/or neglected to properly and legally comply 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.
A declaration that as at the date of filing this suit i.e. February 2023 [sic, March], the Defendants jointly and severally have not properly and legally reinstated the Claimant to the service of the Nigerian Navy in such a manner as to ensure that he does not lose/prejudice his seniority and that the Claimant is given 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 13th February 2001.
A declaration that as of 11th April 2017 when the defendants jointly and/or severally decided to reinstate the claimant into the service of the Nigerian Navy in compliance with the Court-ordered reinstatement of the claimant into the service of the Nigerian Navy including the Supreme Court, the claimant’s appropriate rank in the Nigerian Navy was a Vice Admiral.
A declaration that upon the defendants jointly and/or severally complying with the Court-ordered reinstatement of the claimant into the service of the Nigerian Navy by reinstating the Claimant to the rank of Vice Admiral of the Nigerian Navy as of 11th April 2017, the claimant, by virtue of his age as at 11th April 2017 being over 60 years old and by virtue of his years of service as at 1lth April 20t7 [being
over 35 years], the claimant must retire from the service of the Nigerian Navy immediately after his reinstatement on 11th April2017 i.e. his retirement from the services of the Nigerian Navy will be effective 12th April 2017.
A declaration that the Claimant, Dada Olaniyi Labinjo, is a retired Naval Officer of the rank of Vice Admiral in the Nigerian Navy with effect from 12th April 2017, 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 1lth 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.
An order directing the defendants jointly and/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 and other orders.
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 judgment of this Court are ordinarily required to be so published’
Interests on all judgment sums in this suit at the rate of 25% ‘per annum with effect from the date of judgment till the judgment sums and their [sic] accrued interests are fully liquidated by the defendants jointly or severally.”
And such other order or orders in favour of the Claimant against the Defendants jointly and/or severally as the Court may deem fit to make in the circumstances.