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Ibadan---His Lordship, Hon. Justice F. I. Kola-Olalere of the National Industrial Court of Nigeria, sitting in Ibadan on Thursday 19th July 2018 in a judgment delivered dismissed suit against Inspector General of Police and 2 others for lacking merit filed by Fasasi Ramoni challenging his dismissal from service.
On September 15, 2014 the claimant filed this Complaint and by his amended Complaint and Amended Statement of Facts, sought for the following reliefs among others against the defendants; An Order of the Court reinstating him to the employment of the Defendants. An Order to be reinstated and placed on the same salary income as my colleagues and An Order directing the defendants to pay his salary from May 2015 till judgment is given.
Other initiating processes were filed along with the complaint in line with the Rules of this Court. In response, the defendants did not enter appearances either personally or through any counsel neither did they file any defence in compliance with the Rules of this Court.
The case of the claimant is that he was a former police officer who used to work at ‘C’ Division Police Headquarters, Aganhun, Ile – Ife, Osun State. He went on that he was accused of unlawfully and unnecessarily exercising his authority by torturing and brutalizing one Roseline Benson with sticks or wire and was found guilty under paragraph Q(11) of 1st schedule of Police Reg Cap 359 of 1990. And also alleged of indecent assault on the said Roseline Benson by having carnal knowledge of her forcibly and thereby committed an offence under paragraph 'E'(iii) of 1st scheduled of Police Reg Cap 359 of 1999. He averred further that after the defendant conducted “orderly room trial” in respect of the said allegation, he was subsequently dismissed from the services of the defendants on the authority of the deputy commissioner of police who acted for commissioner of police. The claimant continued his averment that the defendants did not follow laid down procedure in dismissing him as the Deputy Commissioner of Police is not competent to dismiss him because that power, only conferred on the Commissioner of Police cannot be delegated.
The defendants did not enter appearance neither did they cross-examine the claimant. They did not file any defence to this case. After repeated adjournment for the defendants but to no avail, the Court ordered the closure of defence and the matter was adjourned for address.
After reviewing the argument, processes filed and the submissions of learned Counsel, the Court Presided by Hon. Justice F. I. Kola-Olalere expressed thus;
“It is trite that, where an employee complains that he was wrongly terminated or dismissed; he has the onus to place before the court, the terms and conditions of his contract of employment and to prove the way and manner those terms were breached by his employer.
“The claimant did not tender his letter of appointment or any other document from, which the terms and conditions of his employment can be seen in order to enable the Court to determine the rights and duties of both parties in this case. Counsel did not also prove the way and manner those terms were breached by the defendants, his employer in the instant case.
“Even though the claimant’s case is not defended by the defendants; since the terms and conditions of his employment are not before the Court and the Court does not know the laid down procedure for dismissing the employment of claimant, this Court cannot determine whether the appointment of the claimant was properly dismissed or not.
Consequently, I find and hold that the claimant has not discharged the burden of proving his case as placed on him by the provisions of section 131 of the Evidence Act, 2011. I further hold that this case lacks merit and it is accordingly dismissed.
