Defying Forced Retirement: DIG Jitoboh’s Battle Against Unjust Practices in the Police Service Commission and Lessons for Current and Future Presidencies and the Judiciary -By John Egbeazien Oshodi

End of Kangaroo Appointments and Compulsory Retirement Approaches in Nigerian Law Enforcement: Challenging Odd Traditions and Embracing Fairness in Appointments and Retirements. The term ‘kangaroo appointments’ metaphorically describes situations where decisions, particularly appointments and retirements, are made arbitrarily, lacking fairness and adherence to the rule of law.

In a significant legal battle before the National Industrial Court in Abuja, the forcibly retired Deputy Inspector General of Police (DIG), Mr. Moses Ambakina Jitoboh, has vehemently protested his involuntary retirement from the Nigeria Police Force (NPF). Alongside three others, he was compelled to retire. DIG Jitoboh maintains that he remains an officer of the NPF until June 10, 2029, when he would have completed 35 years of service. This legal dispute underscores the fundamental issue of forced retirements and arbitrary decisions within the law enforcement system, sparking a crucial dialogue on fairness and justice in appointments and retirements.

This case, emblematic of a larger issue, has sparked a national conversation about the clash between outdated traditions and the core principles of fairness and meritocracy within the NPF. The arbitrary promotions and forced retirements within law enforcement not only cast doubt on the credibility of the entire system but also inflict emotional and financial distress upon the affected officers and their families.

Psychologist John Egbeazien Oshodi, in his article titled “Future Presidential Appointments, In Police And Public Institutions: Fostering Fairness, Dignity, And Psychological Well-Being,” delves into the recent directive by the Police Service Commission (PSC) to compel the retirement of senior officers, exploring the psychological and societal implications of such decisions. Published on September 3, 2023, by Nigerian Voice, the article serves as a clarion call for transformative change, urging for a future where justice, fairness, and psychological well-being stand as the pillars of Nigeria’s law enforcement agencies.

I am an impartial observer with no personal acquaintance with any of the officers involved, my perspective is solely rooted in ethical considerations and a commitment to principles of fairness, transparency, and institutional integrity.

At the heart of this issue lies the practice of “status reversal,” a tradition dictating that senior officers step aside for their junior counterparts to prevent hierarchical conflicts. However, this practice lacks ethical, legal, and constitutional basis, resulting in arbitrary appointments driven by personal connections, tribal affiliations, and favoritism. This controversial practice has far-reaching consequences, causing inefficiencies, eroding accountability, and undermining the integrity of the criminal justice system. The urgent need for reform in the law enforcement system is underscored by these practices, emphasizing the imperative of embracing meritocracy, transparency, and fairness to uphold the principles of justice and integrity within the institutions. Addressing these issues is essential to restoring public trust and confidence in law enforcement agencies and ensuring a system that respects the rights and dignity of every officer.

The prevailing kangaroo system, where appointments are made arbitrarily without proper consideration of seniority or merit, weakens the democratic ethos and erodes institutional integrity. The solution lies in championing a system where promotions are based on merit, experience, and expertise, ensuring that officers are evaluated for their capabilities rather than their affiliations.

Mr. Jitoboh’s legal challenge is not just an individual pursuit of justice; it symbolizes a collective outcry against the erosion of fairness, experience, and meritocracy. His plea resonates for every officer subjected to similar injustices, serving as a clarion for transformative change in Nigerian institutions. This case stands as a powerful testament to the need for reform, advocating for a future where appointments and retirements are based on competence, seniority, and adherence to ethical principles, ensuring a just and equitable law enforcement system.

The imperative need for institutional reform is glaring, particularly concerning the Police Service Commission (PSC). However, the focus should not solely revolve around the PSC, an entity that every new president informs about their preferred choice for the inspector general of police or police chief. In recent years, this practice has led to the promotion of junior officers above their more senior counterparts merely to appease the preferences of a new president.

Cases like Mr. Jitoboh’s vividly underscore the failures of the current system, urging advocates for reform to entrust crucial functions directly to the police force. This direct approach guarantees transparency and accountability, eliminating the emotional biases often imposed by new presidential appointments. The lessons from cases like Mr. Jitoboh’s call for a reevaluation of the entire system, emphasizing the urgency of reform measures that prioritize fairness, seniority, and meritocracy within law enforcement agencies. Such reforms are not only essential for the well-being and dignity of the officers but also crucial for restoring public trust in the integrity of our law enforcement institutions.

By eradicating the PSC and entrusting these vital functions to the police, Nigeria can pave the way for a law enforcement system where training, operations, promotions, discipline, and policy adherence are governed by internal expertise and institutional knowledge. Furthermore, a shift toward a decentralized policing model is proposed, empowering local and state authorities to oversee their law enforcement agencies. This approach not only tailors responses to local issues but also fosters trust and cooperation between law enforcement and citizens. By embracing these principles and advocating for decentralized policing, Nigeria can put an end to the hardships faced by its officers, fortifying its democratic foundation.

Amidst these challenges, the judiciary stands as the last bastion of hope, representing not only a legal obligation but a moral imperative for society. The courts must intervene decisively, challenging these discriminatory practices and upholding the core principles of fairness, meritocracy, and adherence to constitutional mandates. He implores the court not only to recognize his compulsory retirement as wrongful but also to issue an order directing the Police Service Commission (PSC) to reinstate him and pay the sum of N500 million as general damages for the abrupt termination of his employment. This plea for justice resonates not merely for him but for every officer subjected to analogous injustices, serving as a clarion for transformative change in the tapestry of Nigerian institutions. The court, as the ultimate arbiter, must intervene decisively, bringing an end to these unjust practices, thus fortifying the bulwark against the erosion of fairness, dignity, and psychological well-being within the fabric of our institutions. In doing so, the court upholds the sacred tenets of justice and equality, ensuring that every citizen, especially those who have unflinchingly devoted their lives to public service, is treated with the reverence and fairness they unequivocally deserve, thereby safeguarding the very essence of our democratic society.

By dismantling these damaging traditions, the judiciary restores faith in the law enforcement system and upholds the fundamental tenets of justice and constitutional integrity.

This endeavor is not solely the responsibility of the judiciary; it is a collective obligation shared by the legislature, as well as the citizens. Together, they must challenge these archaic norms and usher in an era where appointments are made based on competence, seniority, and fairness. This collective effort is essential in forging a just, equitable, and transparent future for Nigeria’s law enforcement agencies, where every officer is valued for their abilities and contributions rather than their affiliations.

In this journey towards a future of fairness, dignity, and psychological well-being, the call for comprehensive change echoes within the corridors of law enforcement, urging the nation to champion a future where the sanctity of human dignity remains inviolable, even amidst the harshest transitions of life. The time for change is now, heralding an era where fairness, dignity, and meritocracy prevail, fortifying the democratic foundation of Nigeria.

John Egbeazien Oshodi

Professor John Egbeazien Oshodi, who was born in Uromi, Edo State, Nigeria, to a father who served in the Nigeria police for 37 years, is an American-based police and prison scientist and forensic, clinical, and legal psychologist. A government consultant on matters of forensic-clinical psychological services in the USA; and a former interim associate dean and assistant professor at Broward College, Florida. The Founder of the Dr. John Egbeazien Oshodi Foundation, Center for Psychological Health and Behavioral Change in African Settings. In 2011, he introduced state-of-the-art forensic psychology into Nigeria through N.U.C. and Nasarawa State University, where he served in the Department of Psychology as an Associate Professor. He has taught at various universities and colleges including Florida memorial University, Florida International University, Broward college, Lynn University, and a contributing faculty member at the Weldios university in Benin Republic, Nexus International University, Uganda, Nova Southeastern University and Walden University in USA. He is a Human Rights Psychologist with a focus on African related environments. john.oshodi@mail.waldenu.edu