The Presiding Judge, Benin Judicial division of the National Industrial Court, Hon. Justice Adunola Adewemimo has nullified the purported dismissal of Sergeant Aiguobasimwin Esosa from the Nigeria Police Force, ordered the Police Service Commission and the Inspector General of Police to immediately reinstate Sergeant Esosa back into the force.
Justice Adewemimo held that the procedure leading to Sergeant Esosa's dismissal was flawed, awarded the sum of N200,000.00k against the police as cost of action.
However, the court refused Sergeant Esosa's monetary claims for allowance, compensatory damages, and unlawful detention for lack of evidence.
From fact, the claimant- Sergeant Aiguobasimwin Esosa had submitted that he was recruited into the Nigerian Police Force in 2002, and was transferred to the Nigerian Inland Waterways Police Command, Igbokoda, Ondo State on 23rd August 2004; that he was arrested and tried for misconduct in the course of his work which eventually led to his dismissal in breach of his right to a fair hearing and the regulations governing his employment as a police officer.
However, it was on record that the case was undefended after several adjournments and countable times of service of hearing notice to the police service commission and 3 others.
Learned counsel, E.M. Iguehide Esq. argued that Sergeant Esosa's employment dismissal must be done in compliance with the Police Act and regulation, urged the court to grant the reliefs sought.
Delivering the judgment, the presiding Judge, Justice Adunola Adewemimo held that Sergeant Esosa has led uncontroverted evidence on the breach of his fundamental right to fair hearing, and the same is therefore deemed established.
Justice Adewemimo held that the Police Service Commission, Inspector General of Police, and 3 others' refusal to allow Sergeant Esosa to call witnesses in defense of the allegation levied against him at the orderly room trial amounted to a breach of his constitutional right to a fair hearing.
The court held that anybody charged with the power to determine the culpability of a person in respect of an allegation must afford the person so accused his/ her right to a fair hearing.