Navy officer seeks reinstatement, CBN obedience to court order
Lt. Commander Isaac I. Okpanachi, a naval officer wrongfully retired in 2010, has called on the Nigerian Navy and the Central Bank of Nigeria (CBN) to adhere to court rulings that reinstated him. He urged them to promptly settle his entitlements totalling N437,940,814.30 million without unnecessary delay, as ordered by the rulings.
Opkanachi, who spoke on Monday, regretted that after serving his fatherland for 24 years, he was made to suffer, being unable to take care of himself and his family.
His words, “Despite the final judgements of the National Industrial Court of Nigeria (NICN), Court of Appeal and the Supreme Court, the CBN has failed to implement the Garnishee Order till date to pay me N437,940,814.30 million. The CBN has no reason anymore not to implement the order, which is squarely against it.
“Due to unresolved pending issues, I have also not been enjoying any post-service benefits and entitlements since my purported retirement on December 13, 2010.
“They have continued to deny me the fruits of the judgment, thereby subjecting me and my family to untold hardship.
“The actions in respect of my case amount to nothing but the highest level of impunity, gross abuse of power and wanton mockery of the judiciary. I deserve justice and fair treatment in a nation I served meritoriously for 24 years.”
Opkanachi had served between 2003 and 2005 in various capacities as an Officer Grade 2 at the Armed Forces Command and Staff College (AFCSC), Jaji, before he was nominated and started the Senior Staff Course in 2005, which was programmed to end in July 2006. He was unable to be sent on foreign training in line with tradition, as he was deemed familiar with the course contents, examination routines, and general requirements as a staff member there. Two student officers were initially accused of examination malpractice. He was erroneously included, but was later cleared of such malpractice by the then Minister of Defence and chairman of the Navy Board, Shettima Mustapha, on the recommendation of the Director of Legal Services of the Ministry of Defence, Dr. Bukhari Bello.
Later, Godwin Abbe took over as the Minister of Defence, still with a written directive in August 10, 2009, through the then Permanent Secretary, Bukhari Goni Aji, to the then Chief of Naval Staff (CNS), Admiral I. Ibrahim, to allow Opkanachi proceed on training, as he was not found wanton.
Instead of obeying the directive, Opkanachi was retired on the grounds of Run-Out-Date (ROD) on December 31, 2010, without promotion, as he was unable to undergo the relevant course for such promotion.
Opkanachi, after exhausting all the military administrative options for his case. Without reinstatement, in 2012, he proceeded to the NICN, presided over by Justice M. N. Esowe, and initiated a suit against the CNS and Nigerian Navy Board (NNB). In the suit number NICN / ABJ/143/2012.
On June 24, 2013, Esowe read a judgment ordering that the defendants reinstate Okpanachi and that he be enrolled in a similar course at another training institution, and pay all his entitlements.
It read in part: “The defendants are hereby ordered to reinstate the applicant in the Nigerian Navy; promote him as without his losing any seniority as directed by the Minister of Defence, and then send him to a similar course in another institution (also as directed by the higher authority. The defendants are equally ordered to pay the applicant his outstanding entitlements and benefits.”
After waiting until 2015 without the implementation of the judgment, Opkanachi filed for a Garnishee order against the CNS and NNB in the NICN. It was granted.
The CBN also appealed the order in a suit no number NICN/ ABJ/314m/2015. On May 3, 2016, it was struck out.
“Consequently, the preliminary objection dated 18th December, 2015 and filed on 21st December, 2015 fails and is hereby struck out. In all, I make no order to cost. Ruling is entered accordingly.”
Dissatisfied, the NN and CBN also appealed the ruling to the Court of Appeal, but the court upheld the NICN’s ruling.
The CNS later proceeded to the Supreme Court to challenge the ruling in a suit number SC/CV/427/2025. In a judgment delivered on July 1, 2025, by Justice Mohammed Musa Saulawa, the apex court held that in such civil matters, the jurisdiction ends at the appeal court, upholding the decision of the NICN in favour of Opkanachi.
The apex court declared: ‘We are of the view that the said Notice of Appeal has amounted to a gross abuse of the process of this court especially in view of the unequivocal provisions of section 243 (4) of the 1999 Constitution to the effect that the decision of the Court of Appeal in respect to any appeal arising from any civil jurisdiction of the National Industrial Court shall be final.
“Accordingly, the said Notice of Appeal is hereby dismissed for being a gross abuse of the process of this court. A sum of N2million is awarded in favour of the 1st respondent against the appellant/ applicant.”
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