Court Orders Navy To Reinstate Unjustly Sacked ‘Admiral’
The Lagos division of the National Industrial Court of Nigeria (NICN) has ordered the Nigerian Navy; the Chief of Naval Staff and the Navy Board to reinstate Navy Captain Dada Olaniyi Labinjo back to service and promote him to the rank of Vice Admiral, effect from April 11 2017.
Above were parts of orders declarations made by Justice Ikechi Gerald Nweneka, while delivering judgment in the suit numbered NICN/LA/67/2023 filed by Vice Admiral Labinjo, against the the Nigerian Navy and others.
Other defendants in the suit were: the Chief of Naval Staff; the Navy Board and the Attorney-General of the Federation (AGF).
Vice Admiral Labinjo through his lawyer, Andrew C. Igboekwe, a Senior Advocate of Nigeria (SAN) had dragged the Nigerian Navy and other defendants before the court for their persistence and continuous failure to obey the judgments of Federal High Court, Appeal Court and Supreme Court, which declared his purported sack as illegal, unconstitutional, null and void and ordered them to reinstate him back to service.
The Nigerian Navy and other defendants through their respective lawyers, equally filed the counters to the suit.
But, Justice Nweneka, while evaluating all the processes and submissions of parties, dismissed the defendants’ counters to the suit, for lacking in merit.
Parts of the declarations and orders made against Nigerian Navy and other defendants by Justice Nweneka while delivering judgment in the suit are as follows: “It is declared that the Defendants jointly and/or severalty are bound to comply with the judgment of the Supreme Court dated 1st June 2012 in Appeal No. SC/329/2009, which affirmed the concurrent decisions of the Court of Appeal dated 12th May 2008 in Appeal No. CA/L/364/2004 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 Claimant to the service of the Nigerian Navy, effective from the date of his purported trial and conviction.
“It is 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 is 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.
“It is declared that as of February 2023, the Defendants jointly and severalty 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 ali 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.
“It is declared that as of 11th April 2017 when the Defendants jointly and/or severally decided to reinstate the Claimant into tlhe service of the Nigerian Navy in compliance with the Court-ordered reinstatement of the Claimant into the service of the Nigerian Navy, the Claimant’s appropriate rank in the Nigerian Navy was a Vice Admiral.
“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 ail 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 ail the rights, benefits, and privileges of a retired Vice Admiral of the Nigerian Navy with effect from 12th April 2017.
“It is 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 Igboekwe, 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 annum from the date of judgment until the judgment sum is fully liquidated.
“The 1st to 3rd Defendants shall pay the cost of this action assessed at N750, 000.00 (seven hundred and fifty thousand naira).”
Meanwhile, in a bid to ensure total compliance with the court judgment, Mr. Andrew Igboekwe (SAN) lawyer to the judgment creditor, Vice Admiral Labinjo, in letters to all the defendants, stated, especially the need to pay the judgment sum within the period stipulated by the court.
The letter captioned “Re: Suit No. NICN/A/67/2023 – Navy Captain Dada Olaniyi Labinjo V. 1. The Nigerian Navy, 2. The Chief of Naval Staff, 3. The Navy Board, 4. Attorney-General of the Federation”.
The letters read in parts: “We are solicitors to Dada Olaniyi Labinjo, the Claimant/Judgment Creditor in the above suit (“our client”).
It will be recalled that the National Industrial Court, Lagos delivered its judgment in the above suit on 24th March, 2025.
A certified true copy of the enrolled orders of the court is attached herewith for your records.
In accordance with the judgment of the court and in compliance with the order made as per Relief No. 17, we, Messrs. Andy Igboekwe SAN & Co. hereby inform the Attorney General of the Federation to pay the total judgment sum into our firm’s clients’ account.
We trust that as a law abiding party and in accordance with the rule of law, the Attorney General of the Federation will in accordance with the court order as per Relief No. 17 pay the total judgment sum into the above account within 30 days from the judgment date of 24th March, 2025.
Finally, as ordered by the court in Relief No. 18, kindly ensure the publication in the gazette of the promotion of our client to the rank of Vice Admiral in the Nigerian Navy as at 2014 as per Relief No. 5 and his retirement from the Nigerian Navy in the rank of Vice Admiral with effect from 12th April, 2017 as per Relief Nos. 6 and 7.”
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Court Orders Nig. Navy To Reinstate Unjustly Sacked ‘Admiral’, Pay N498m
The Lagos division of the National Industrial Court of Nigeria (NICN) has ordered the Nigerian Navy;
the Chief of Naval Staff and the Navy Board to jointly and several pay a total sum of N498, 013, 385. 50 million, to Navy Captain Dada Olaniyi Labinjo, who was unjustly sacked from service.
Apart from the monetary judgment sum, the court also ordered his reinstatement to the Nigerian Navy, and be promoted to the rank of Vice Admiral, taking effect from April 11 2017.
Above were parts of orders declarations made by Justice Ikechi Gerald Nweneka, while delivering judgment in the suit numbered NICN/LA/67/2023 filed by Vice Admiral Labinjo, against the the Nigerian Navy and others.
Other defendants in the suit were: the Chief of Naval Staff; the Navy Board and the Attorney-General of the Federation (AGF).
Vice Admiral Labinjo through his lawyer, Andrew C. Igboekwe, a Senior Advocate of Nigeria (SAN) had dragged the Nigerian Navy and other defendants before the court for their persistence and continuous failure to obey the judgments of Federal High Court, Appeal Court and Supreme Court, which declared his purported sack as illegal, unconstitutional, null and void and ordered them to reinstate him back to service.
The Nigerian Navy and other defendants through their respective lawyers, equally filed the counters to the suit.
But, Justice Nweneka, while evaluating all the processes and submissions of parties, dismissed the defendants’ counters to the suit, for lacking in merit.
Other declarations and orders made against Nigerian Navy and other defendants by Justice Nweneka while delivering judgment in the suit are as follows: “It is declared that the Defendants jointly and/or severalty are bound to comply with the judgment of the Supreme Court dated 1st June 2012 in Appeal No. SC/329/2009, which affirmed the concurrent decisions of the Court of Appeal dated 12th May 2008 in Appeal No. CA/L/364/2004 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 Claimant to the service of the Nigerian Navy, effective from the date of his purported trial and conviction.
“It is 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 is 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.
“It is declared that as of February 2023, the Defendants jointly and severalty 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 ali 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.
“It is 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’s appropriate rank in the Nigerian Navy was a Vice Admiral.
“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 ail 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 ail the rights, benefits, and privileges of a retired Vice Admiral of the Nigerian Navy with effect from 12th April 2017.
“It is ordered that the Defendants jointly and/or severally pay the Claimant the sum of N215, 681, 363.65 (two hundred and fifteen million, six hundred and eighty-one thousand, three hundred and sixty-three naira, sixty-five kobo) being accrued salaries and allowances from 26th September 2001 to 11th April 2017.
“It is ordered that the Defendants jointly and/or severally pay the Claimant the sum of N60, 535, 752. 00 (sixty million five hundred and thirty-five thousand, seven hundred and fifty-two naira) being his gratuity from 7th January 1975 to 11th April 2017.
“it is ordered that the Defendants jointly and/or severally pay the Claimant the sum of N116, 867, 632. 65 (one hundred and sixteen million, eight hundred and sixty-seven thousand, six hundred and thirty-two naira, sixty-five kobo} as pension from 11th April 2017 to January 2023.
“It is ordered that the Defendants jointly and/or severally pay the Claimant a monthly pension of N1, 681, 548.70 [one million, six hundred and eighty-one thousand, five hundred and forty-eight naira, seventy kobo] from February 2023 till the date of his death.
“It is ordered that the Defendants jointly and/or severally pay the Claimant the sum of N84,750,052.80 [eighty-four million, seven hundred and fifty thousand, fifty-two naira, eighty kobo] being the Claimant’s Security Debarment Allowance as of 2022.
“It is ordered that the 1st to 3rd Defendants pay the Claimant the sum of N5,000,000.00 [five million naira] as exemplary damages.
“It is 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 Igboekwe, 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 annum from the date of judgment until the judgment sum is fully liquidated.
“The 1st to 3rd Defendants shall pay the cost of this action assessed at N750, 000.00 (seven hundred and fifty thousand naira).”
Meanwhile, in a bid to ensure total compliance with the court judgment, Mr. Andrew Igboekwe (SAN) lawyer to the judgment creditor, Vice Admiral Labinjo, in letters to all the defendants, stated, especially the need to pay the judgment sum within the period stipulated by the court.
The letter captioned “Re: Suit No. NICN/A/67/2023 – Navy Captain Dada Olaniyi Labinjo V. 1. The Nigerian Navy, 2. The Chief of Naval Staff, 3. The Navy Board, 4. Attorney-General of the Federation”.
The letters read in parts: “We are solicitors to Dada Olaniyi Labinjo, the Claimant/Judgment Creditor in the above suit (“our client”).
It will be recalled that the National Industrial Court, Lagos delivered its judgment in the above suit on 24th March, 2025.
In the judgment, the court ordered: (1) The Chief of Naval Staff (2) The Nigerian Navy; (3) The Navy Board; and (4) The Attorney General of the
Federation to jointly and/or severally pay our client the total sum of 498.01 3,385.50 (Four Hundred and Ninety-Eight Million, ‘Thirteen Thousand, Three Hundred and Fighty-Five Naira, Fifty Kobo). The said sum of N498,013,385.50 million.
A certified true copy of the enrolled orders of the court is attached herewith for your records.
In accordance with the judgment of the court and in compliance with the order made as per Relief No. 17, we, Messrs. Andy Igboekwe SAN & Co. hereby inform the Attorney General of the Federation to pay the total judgment sum of N498, 013, 385.50 (Four Hundred and Ninety-Eight Million, Thirteen Thousand, Three Hundred and Eighty-Five Naira, Fifty Kobo) into our firm’s clients’ account.
We trust that as a law abiding party and in accordance with the rule of law, the Attorney General of the Federation will in accordance with the court order as per Relief No. 17 pay the total judgment sum of N498, 013, 385. 50 (Four Hundred and Ninety-Light Million, Thirteen Thousand, Three Hundred and Eighty-Five Naira, Fifty Kobo) into the above account within 30 days from the judgment date of 24th March, 2025.
Finally, as ordered by the court in Relief No. 18, kindly ensure the publication in the gazette of the promotion of our client to the rank of Vice Admiral in the Nigerian Navy as at 2014 as per Relief No. 5 and his retirement from the Nigerian Navy in the rank of Vice Admiral with effect from 12th April, 2017 as per Relief Nos. 6 and 7.”