Pay N4.48m to officer sacked in 2012, Court orders FRSC

The Ondo Division of the National Industrial Court, presided over by Justice K.D. Damulak, has ordered the Federal Road Safety Corps (FRSC) to pay a former officer, Omopariola Olajide David, N4.488 million in outstanding salaries.

The judge arrived at the decision after declaring David’s 2012 termination unlawful.

Justice Damulak, in his judgment delivered on July 16, 2026, also awarded N500,000 in general damages and N200,000 in litigation costs against the FRSC.

The court declared that Omopariola’s employment, which enjoys statutory protection, was unlawfully terminated on the grounds that his services were no longer required.

It would be recalled that David, who joined the FRSC in February 2007 and served in the Ilorin, Ado-Ekiti, Oyo, Kwara and Ogun State commands, approached the court seeking a declaration that his termination over alleged corruption and abuse of office was unlawful.

The plaintiff also demanded N5.358 million in salaries and allowances allegedly withheld between July 2012 and March 2021.

David told the judge that he and his team members were accused of collecting bribes while on patrol in 2011, adding that they were tried before the FRSC Federal Disciplinary Court and discharged and acquitted on March 7, 2012, with the panel recommending their reinstatement.

The plaintiff alleged that, upon attempting to resume duty, he was denied entry into his command and later posted to the Sector Command in Abeokuta, where he worked for three months before receiving a termination letter in July 2012.

David claimed that he only became aware of his reinstatement by the FRSC in 2020, after which he submitted a letter of resignation and demanded payment of his outstanding entitlements.

Though the FRSC admitted that the claimant was discharged by the disciplinary panel, it argued that his appointment was duly terminated after a review of the panel’s report.

The FRSC also argued that the reinstatement was conditional and required the affected officers to forfeit salaries and benefits for the period they were out of service.

However, the judge dismissed the FRSC’s argument, ruling that the doctrine of reinstatement restores an employee to his former position with retrospective effect, including payment of wages for the intervening period.

As a result, Justice Damulak directed the FRSC to pay David salaries from August 2012 to September 2020, totalling 98 months at N45,800 per month, amounting to N4,488,400.

However, the judge dismissed the claimant’s allegation that the FRSC continued to collect his salaries from the Federal Government and converted the funds to its own use, describing the allegation as unproven.

Justice Damulak further struck out the FRSC’s preliminary objection, holding that it had been abandoned and that issues concerning pre-action notice and juristic personality were not properly raised in its statement of defence.

The court ordered that all monetary awards be paid within 21 days, failing which they would attract 10 per cent interest per annum.

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