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The Presiding Judge, Asaba Judicial Division of the National Industrial Court, Hon. Justice Opeloye Ogunbowale, has dismissed the case filed by one Corporal Famous against the Police Service Commission, Inspector General of Police, and Commissioner of Police, Delta State, seeking to set aside his dismissal from the Nigeria Police Force, for lacking merit in its entirety.
The Court ruled that Corporal Famous failed to establish by credible evidence that his dismissal was unlawful or unconstitutional, and was not entitled to the relief sought.
From facts, the claimant, Corporal Famous, stated that he and other officers were involved in an incident while carrying out official duties, which led to the death of two individuals, and that he was subsequently tried separately in an orderly room trial and dismissed from service.
Corporal Famous contended that his trial was conducted without a fair hearing and that his appeal against the decision was not considered by the Police Service Commission, despite his eventual discharge in a criminal trial by the High Court of Delta State.
In opposition, the Defendants- Police Service Commission and 3 others did not file any process or appear before the Court, despite being duly served with originating processes and hearing notices on various occasions.
Counsel to Corporal Famous submitted that the evidence his client gave remained unchallenged and uncontroverted and urged the Court to rely on the same in granting the reliefs sought.
In a well-considered judgment, Justice Opeloye Ogunbowale held that Corporal Famous barely asserted that the act of the Defendant infringed on his fundamental rights, and he has based his case on this allegation of lack of fair hearing, but he has not led any evidence to support his assertion.
The Court held that Corporal Famous merely alleged a lack of fair hearing without placing sufficient evidence before the Court to substantiate such allegation, as he failed to show that he was denied the opportunity to be heard, cross-examine witnesses, or defend himself during the orderly room trial.
The Court maintained that Corporal Famous also failed to establish any legal requirement mandating that he and other officers must be tried jointly, thereby rendering his complaint on separate trials untenable.
“That the orderly room trial cannot be set aside by this Court, as to do this will not meet the justice of this case.
“Claimant’s prayer for reinstatement and arrears of salaries is refused for want of evidence.” The Court ruled
