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Hon. Justice Rakiya Haastrup of the Abuja Judicial Division of the National Industrial Court has declared that the Commander of the Special Constabulary Police of Abia State, Uluata Peter & 36 others ought to be regarded as personnel/employees of the Inspector General of Police and Nigeria Police Council entitled to be issued letters/certificates of appointment by a combined interpretation of Nigerian Police (Establishment) Act and the Labour Act.
The Court declared that the Commander of the Special Constabulary Police of Abia State, Uluata Peter & 36 others are entitled to be paid stipends as remuneration on a monthly basis.
Justice Haastrup ordered the Inspector General of Police, Nigeria Police Council and the Police Service Commission to pay Uluata Peter & 36 others a monthly stipend of N54,566.25 (Fifty-Four Thousand Five Hundred and Sixty Six Naira, Twenty-Five Kobo) only from January 2021-to April 2024; and to fix and approve monthly stipends from May 2024 until when they would cease to be in the service within two months.
From facts, the Claimants- Uluata Peter & 36 others had submitted that they were drafted by the Inspector General of Police, Nigeria Police Council and the Police Service Commission sometime in 2019 and trained as Special Constables after which they were kitted with uniforms and batons before being deployed to various Police Commands, Divisions and other formations in the 36 states of the Federation including the FCT and then commenced work in January 2021 with the expectation of being paid monthly stipends.
They averred that they had never received any stipend from the Inspector General of Police and the Nigeria Police Council despite their visit and plea to the office of the Inspector General of Police on 12th September 2023.
However, despite service of court processes, the Inspector General of Police, Nigeria Police Council and the Police Service Commission failed to enter defence.
The 4th Defendant’s- Attorney General of the Federation objected to the case on the ground that the Commander of the Special Constabulary Police of Abia State & 36 others have not disclosed any cause of action against it. The AGF averred that the Commander of the Special Constabulary & 36 others are not personnel of the Police as they were only trained by the Inspector General of Police and Nigeria Police Council as Special Constables who are only volunteers since they were never deployed for service and not given letters of employment.
Counsel to the AGF contended that the provisions in question cannot be interpreted to mean that the appointment of Special Constables is regulated by the Police Act, that Uluata Peter & 36 others must first be appointed before they can take any benefit thereof, and urged the Court to dismiss the case for lacking in merit.
In opposition, the claimants' counsel, S. T. Hon (SAN), Nguemo Uja Esq., Christian S. Hon Esq., Aisha Z. Hon Esq. and Tracey A. Madaki Esq. posited that it would be inconceivable that after his clients being trained, recruited and worked for the Nigeria Police Force for years, they would not be paid any stipends as stipulated; this, he stated does not accord with administrative nor labour justice.
Delivering judgment after careful evaluation of the submissions of both parties, the Presiding Judge, Justice Rakiya Haastrup struck out the name of AGF for not being a necessary party in the determination of the suit and that Uluata Peter & 36 others’ case discloses no cause of action against the AGF.
The Court reiterated that it is not only a letter of employment that determines the existence of an employment or its terms and conditions; maintained that Uluata Peter & 36 others were not only recruited and trained by the Inspector General of Police and Nigeria Police Council they were kitted with uniforms, armed with batons since they were to serve as in the capacity of intelligence gathering and not to engage in combat operations.
The Court stated that the evidence as seen in exhibit C, which is a newspaper publication of the Guardian of 29th December 2023, where the Chairman of the Police Service Commission was calling for the overhaul of the special constabulary across the country and stressing for a need to change their uniforms, the same way (Exhibit E) the Force Public Relations Officer of the Nigerian Police Force said that the Special Constables were given police uniforms to confirm their identity by the government and would be given stipends.
Justice Haastrup held that Uluata Peter & 36 others’ have established by credible evidence that there is an existing relationship of employment between them and the Inspector General of Police and Nigeria Police Council on the other hand.
Visit the judgment portal www.nicnadr.gov.ng/judgement for full judgment.
