By Bertram Nwannekanma
Justice Ikechi Gerald Nweneka of the National Industrial Court of Nigeria (NICN), Lagos division, has ordered the Nigerian Navy to accord Dada Olaniyi Labinjo the status of a retired vice admiral, along with all associated rights, benefits, and privileges. Labinjo was wrongly disengaged as a captain.

The court declared that the defendants, jointly and/or severally, were bound to comply with the judgement of the Supreme Court dated June 1, 2012, in Appeal No. SC/329/2009, which affirmed the concurrent decisions of the Court of Appeal dated May 12, 2008, in Appeal No. CA/L/364/2004, and the Federal High Court dated May 3, 2004, in Suit No. FHC/L/CS/25/2001.

According to the True Certified Copy of the judgement in Suit No. NICN/LA/67/2023 between Navy Captain Labinjo (claimant) and the Nigerian Navy, the Chief of Naval Staff, the Navy Board, and the Attorney General of the Federation (defendants), the court also ordered the defendants, jointly and/or severally, to reinstate the claimant into the service of the Nigerian Navy, effective from the date of his purported trial and conviction.

It further declared that in complying with the reinstatement, the defendants were duty-bound to do so in a manner that ensured the claimant did not lose or suffer any prejudice to his seniority, and that he was granted all the promotions that would have been due to him — including salaries, allowances, gratuity, pension, and all other benefits — with effect from February 13, 2001, until the date of his death.

In addition, the court declared that, as of February 2023, the defendants had not properly and legally reinstated the claimant in a manner that ensured his seniority was preserved and that he was granted all the promotions and entitlements due to him from February 13, 2001.

The court further held that, as of April 11, 2017, when the defendants decided to reinstate the claimant in compliance with the court-ordered reinstatement his appropriate rank in the Nigerian Navy was that of a vice admiral.