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, who was unjustly and illegally sacked back to service and promote him to the rank of Vice Admiral, effect from April 11 2017.
The court also awarded a huge judgment sum against the Nigerian Navy and other defendants, jointly and several in favour of ‘Vice Admiral’ Labinjo.
Above were parts of orders and 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, Andy 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 their 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 in the judgment 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.
“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 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.
“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 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.
“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 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 shall pay the cost of this action assessed……”
Speaking on the judgment, 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.
Meanwhile, in a bid to ensure total compliance with the court judgment, Igboekwe (SAN) lawyer to the judgment creditor, Vice Admiral Labinjo, in letters to all the defendants, stated 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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