Hon. Justice Ayodele Obaseki-Osaghae of the Abuja Judicial division of the National Industrial Court has dismissed the case filed by one PC Joseph Sani’s against the Police Service Commission, and the Inspector General of Police in its entirety for lack of proof.
The Court held that Joseph Sani’s appointment documents into the Nigeria Police Force and other required component pieces of evidence relating to his appointment, status, service details, and the applicable operative Nigeria Police Force Regulations were not been placed before the court.
Justice Obaseki-Osaghae further held that there is no evidence that Joseph Sani was recruited into the Nigeria Police Force on 1st June 2001, neither has he placed before the court evidence of his bank statements showing that the Police Service Commission and the Inspector General of Police paid him a salary as their employee.
From facts, the claimant- Joseph Sani’s had submitted that his suspension and prosecution for 2 years without a formal orderly room trial and without evidence of the commission of a crime against him are wrongful, sought for his immediate reinstatement and accelerated promotions.
He further expressed that despite being discharged from the alleged crime, the Police Service Commission and the Inspector General of Police have failed to reinstate him and have kept him in perpetual suspension since 2005, urged the court to grant the reliefs sought.
The learned Counsel to Joseph Sani’s submitted that proper procedure for suspension and dismissal of an officer under the Public Service Rules were not followed in suspending his client, urged the court to grant as prayed.
However, the Police Service Commission and the Inspector General of Police failed to file any defense despite the evidence of hearing notices served on them.
Delivering the judgment, the presiding Judge, Justice Obaseki-Osaghae held that the absence of defense does not exonerate Joseph Sani of the evidential burden of proof placed on him by the law.
In all, the Court dismissed the case and held that Joseph Sani failed to place any evidence of his recruitment into the Nigeria Police Force, or salaries paid to him as a Policeman by the defendants before the court.
visit the judgment portal for full details