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Lagos---His Lordship, Hon. Justice B. A. Adejumo OFR, President of the National Industrial Court of Nigeria, on Thursday 31st May 2018 in a landmark judgment declared the dismissal of ASP OLOKE RICHARD by the THE INSPECTOR GENERAL OF POLICE and others as illegal, ineffectual and unconstitutional having been done in the breach of the claimant’s rights to fair hearing and Rules and Regulation governing his contract of service with the POLICE SERVICE COMMISION and also ordered the re-instatement of the claimant back to his employment with effects from the 3rd April 2013 being the date of the purported dismissal.
The claimant in this suit commenced this action vide a General Form of Complaint dated 12th August 2013. The Claimant sought against the Defendants among others: A declaration that the dismissal by the defendants’ of the claimant’s appointment as a police officer in the service of the defendants is illegal, ineffectual and unconstitutional having been done in the breach of the claimant’s rights to fair hearing and rules and regulation governing his contract of service with the 1st defendant. A declaration that the claimant’s employment with 2nd defendant still subsist. Likewise, An order reinstating the claimant back to his employment with the 1stdefendant with effects from the 3rd April 2013 being the date of the purported dismissal.
According to the claimant, he was nominated to undergo ASP-DSP Promotion Course in 2011 at Staff College Jos, which the claimant attended and passed but 1st -3rd defendants punitively refused and neglected to promote him as a punishment for an alleged disciplinary action against him based on allegation of extortion and corruption levelled against “unnamed” officials of the Advance Trainning Wing of the Nigeria Police College, where the claimant was working from 17th September 2009 to 15th March 2013.
According to the claimant, the said allegation was contained in an anonymous text message received from faceless petitioner by the then IGP Hafiz Ringim, alleging extortion from the course participants in the “present CPL-SGT Promotion Course in the PCI”. The then IGP forwarded the text message to CP AbdullahiMagajiRtd, the then Commandant of Police College Ikeja, Lagos.
The claimant alleged that the Commandant of Police College Ikeja, conducted a discreet investigation which outcome did not indict the claimant as per statements made by some course participants who denied being extorted.
It is the claimant’s position that despite that no-complicity was established against him and other members of Staff by the Commandant, one ACP Noah Adesoyin and CSP Emmanuel Ighodalo of Lagos State Police Command invited the claimant with some few officers from the Police College Ikeja, to make statements in the course of which investigation the investigating team refused to disclose to the claimant what evidence it had against the claimant and neither did the team produce the witnesses against the claimant despite repeated request from the claimant.
The claimant further alleged that during his trial, the Force Disciplinary Committee refused to disclose to the claimant what evidence it had against the claimant neither did it produce any witness against the claimant despite the claimant’s repeated request that they be produced for his cross-examination.
According to the claimant, a query for serious misconduct and a Force Disciplinary Committee was set up by the 3rd defendant but his request to call certain persons to testify for him in the matter was declined. The claimant was eventually dismissed from service.
Claimant’s counsel therefore submitted that the procedure adopted by the defendants in terminating the claimant’s appointment was wrongful, illegal, ineffectual and unconstitutional and that the claimant was not given fair hearing at his trial. Counsel therefore urged this Court to so hold.
THE INSPECTOR GENERAL OF POLICE and ATTORNEY GENERAL OF THE FEDERATION i.e The 3rd and 4th defendants in their written addresses argued that the 4th defendant has no role to play in the events that culminated into the dismissal of the claimants. Counsel posited the claimant has not proved any wrong done to him by the 4th Defendant and urged this Honourable Court to so hold.
The defendant counsel further argued that the claimant admitted that a query was issued to him and he answered same before he was dismissed.
Counsel prayed this Court to hold that the plaintiff has not proved that his dismissal was devoid of fair hearing having been issued with a query which he answered before a decision was taken and urged this Court to dismiss the claimant’s case with deterring cost.
After reviewing the argument of the parties, the Court Presided by Hon. Justice B. A. Adejumo OFR expressed thus;
“I have taken the pain to carefully look at all the facts, evidence argument and submission for and in support of this case. Even though it is not in doubt that the claimant was issued with a query which he answered, I do not think the 3rd defendant is vested with the powers to constitute the Force Disciplinary Committee which indicted the claimant upon which the claimant’s appointment was terminated.
A careful reading and understanding of the relevant laws in this respect would reveal that the 3rd defendant lacks the power to act in the manner it did in this case. It is very clear from the provisions of S. 6 (1) (a-g) of the Police Service Commission Act that it is the POLICE SERVICE COMMISION1st defendant that is saddled with the responsibility to appoint, promote, dismiss and exercise disciplinary control over person(s) in the Nigeria Police Force, among other functions of the Commission.
Defendants clearly breached the claimant’s right to fair hearing when he was denied the opportunity to cross-examine the witnesses called to testify in the panel and was further denied the opportunity to call witnesses to testify in his favour even when such witnesses were willing to so do.
In all, the action of the Claimant is meritorious and same is hereby upheld.”
His Lordship declared among others that the dismissal by the defendants’ of the claimant’s appointment as a police officer in the service of the defendants is illegal, ineffectual and unconstitutional having been done in the breach of the claimant’s rights to fair hearing and Rules and Regulation governing his contract of service with the 1st defendant.
That the 3rd defendant’s letter dated the 29th April 2013 which was served on the claimant on the 21st June, 2013 through the commandant, the Nigeria Police Force, Police College Ikeja, which purportedly dismissed the Claimant from service and employment of the 1st Defendant, is null and void and of no effect for being done without due process of law.
That the claimant employment with the 2nd defendant still subsists.
And also ordered the re-instatement of the claimant back to his employment with the 1st defendant with effects from the 3rd April 2013 being the date of the purported dismissal.
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