The Presiding Judge of the Kaduna Judicial Division of the National Industrial Court, His Lordship, Hon. Justice Sinmisola Adeniyi has ordered the Nigeria Police Force and the Inspector General Of Police to pay one Ali Baruwana his salaries and other entitlements from the date he was summarily dismissed April 2006 till 20th August 2007 when he was discharged and acquitted by the Osun State High Court, with the sum of N100,000.00 cost of action within 30 days.
However, Justice Sinmisola refused to grant the order for Ali Baruwana’s reinstatement on the basis that he (Ali) did not ask for the relief to set aside his summary dismissal by the Osun State Command of Nigeria Police and a Court of law is not a father Christmas and without the order of the Court setting aside Ali’s dismissal, his claim for reinstatement cannot be granted.
From facts, the claimant- Ali Baruwana had submitted that he was enlisted in the Nigeria Police Force on 1st July 2001 and in the course of discharging his duties alongside four other police officers, an incident happened, three of them who reported the incident were arrested and were summarily dismissed after an orderly trial was conducted.
He continued that they were arraigned and charged at the High Court and were discharged and acquitted on 10/08/2007 and all efforts to get redeployment and payment of outstanding salaries and allowances proved abortive.
His learned counsel submitted further that the Nigeria Police Force and the IGP ought to have reinstated his client having obtained a discharge and acquittal from a court of competent jurisdiction on the criminal allegations leveled against him, urged the court to grant the reliefs sought.
However, despite several hearing notices issued and served on the Nigeria Police Force and the IGP, they were never represented by counsel and failed to file any process in defense of the suit.
Delivering the judgment, the presiding Judge, Justice Sinmisola Adeniyi held that the failure of the Nigeria Police Force and the IGP to call evidence in defense of the claims does not translate to automatic victory for the Ali Baruwana; and further that without the order of the Court setting aside Ali’s dismissal, his claim for reinstatement cannot be granted.
“As I had earlier remarked, the judgment of the High Court of Osun State of the discharge and acquittal of the Claimant still subsists. Having been discharged and acquitted by a Court of competent jurisdiction, it is unconscionable for the Defendants to refuse and/or fail to pay the Claimant his entitlements.” Justice Adeniyi ruled
