Principle Statement

It is not the case of the appellant that the respondents have no authority to compulsorily retire him. That being the case the next question is what is the entitlement of the appellant upon retirement by the respondents... An officer compulsorily retired not on disciplinary ground shall be entitled to 6 months salary in lieu of notice.

Ratio Decidendi (Source)

Per Onnoghen, JSC, in Ekeagwu v. NA (2010) NLC-123-104-2006(SC) at pp. 12–13; Paras A–B.

"It is not the case of the appellant that the respondents have no authority to compulsorily retire him. That being the case the next question is what is the entitlement of the appellant upon retirement by the respondents... An officer compulsorily retired not on disciplinary ground shall be entitled to 6 months salary in lieu of notice."
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Explanation / Scope

This principle establishes that an officer compulsorily retired not on disciplinary grounds is entitled to six months’ salary in lieu of notice. The principle applies where retirement benefits are in issue. It ensures that employees receive their entitlements. The principle reflects the applicable regulations. It prevents employers from avoiding payment. The court must enforce the entitlement. The principle provides guidance on retirement benefits.

Cases Applying This Principle

Ex-Capt Charles C. Ekeagwu v. The Nigerian Army & Anor