The National Industrial Court, presided over by Justice Ikechi Gerald Nweneka, has delivered a landmark judgment ordering the Nigerian Navy to grant Dada Olaniyi Labinjo, who was disengaged as a captain, the status and all the rights, benefits, and privileges of a retired Vice Admiral.
According to the True Certified Copy of the judgment seen on Sunday in 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 are bound to comply with the judgment of the Supreme Court dated 1st June 2012 (Appeal No. SC/32912009), which affirmed the decisions of the Court of Appeal (12th May 2008) and the Federal High Court (3rd May 2004) ordering the defendants to reinstate the claimant to the service of the Nigerian Navy, effective from the date of his trial and conviction.
The court also declared that the defendants must reinstate the claimant in a manner that ensures he does not lose his seniority and that he is given all promotions due to him but for the interruption caused by the unlawful trial and conviction.
Furthermore, the claimant is to be provided all benefits, including salaries, allowances, gratuity, pension, and other accrued benefits, from 13th February 2001 until the date of his death.
Additionally, the court noted that as of February 2023, the defendants had failed to properly reinstate the claimant in accordance with the court’s judgment.
The court further ruled that by 11th April 2017, when the defendants decided to reinstate the claimant, his appropriate rank in the Nigerian Navy was Vice Admiral.
It was also said that the claimant, having reached over 60 years of age and with over 35 years of service, should retire from the Navy immediately upon reinstatement, with effect from 12th April 2017.
The judgment declared that Captain Dada Olaniyi Labinjo is to be recognized as a retired Vice Admiral of the Nigerian Navy from 12th April 2017, and all rights, benefits, and privileges of a retired Vice Admiral should be accorded to him from that date.
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.
Furthermore, the Navy is to pay the claimant his gratuity from 7th January 1975 to 11th April 2017, and his pension from 11th April 2023. Additionally, the claimant is entitled to exem court plary damages.
The court further stipulated that the monetary awards shall attract an interest rate of 10% per annum from the date of judgment until the full sum is liquidated.
