Enugu---His Lordship, Hon. Justice I. J. Essien of the National Industrial Court of Nigeria, sitting in Enugu on Friday 20th July 2018 in a landmark judgment declared that the purported dismissal of CORPORAL AKANI EKPE (claimant) by the INSPECTOR GENERAL OF POLICE & 2 ORS (defendants) for no just cause is wrongful, unfair, null and void and without regard to the principles of fair hearing as guaranteed by the constitution of the Federal Republic of Nigeria and ordered that the purported dismissal be set aside.

The claimant took out a complaint on the 17^th June, 2016 sought against the defendant among other; A declaration that the purported dismissal of the claimant by the defendant for no just cause was wrongful, unlawful, premature unfair, null and void and without regard to the principles of fair hearing as guaranteed by the constitution of the Federal Republic of Nigeria 1999 (as amended) and due process. An order setting aside the dismissal of the claimant by the defendant. Likewise An order of this Honourable court for re-instatement of the claimant as a police officer of the 1^st and 2^nd defendant with his full rank, status, remuneration, emoluments, entitlement; promotion, benefit arrears etc accruing to his office.

The cause of the claimant is that he was enlisted into the Nigerian Police on 1^st January, 2001. In 2010 the claimant fell sick.  He applied for transfer from Plateau State Command back to his state to seek traditional medication as the sickness had defied other medication. This request was granted was transferred to Cross River State Command. 

On getting there he was told that inter-state transfer was not allowed any longer.  He was refused at the Cross River State Command.  He reported back to Plateau State Command and requested a reposting back to Plateau Command but he was denied the posting.  He was advised to apply for another transfer to Police College.  He was transferred to Police College.  The transfer signal had errors, the Police Staff College was spelt as Police State College, his name Akani was written “Anani” his rank “CPL was written “PC” and his force number 370213 was written 320813.  All effort to correct the errors proved abortive.  He was advised to go back to the Police Staff College for them to correct the errors.  On getting there he was informed verbally that he had been dismissed. 

The claimant stated that he was never tried by any orderly room trial.  There is no written notice of dismissal since 2010 and he has not received his salary since then. 

Hearing in the claimant’s case commended on 30^th January, 2018.  The claimant testified as the sole witness.  He adopted his witness deposition and tendered the documents in proof of his claims.

After reviewing the argument, processes filed and the submissions of learned Counsel, the Court Presided by Hon. Justice I. J. Essien expressed there is no evidence adduced which show any act on the part of the claimant which could support his dismissal from the force that the dismissal of the claimant from the Nigerian Police and the subsequent stoppage of his salary was done without due process, and in clear violation of the right to fair hearing of the claimant. 

The court declared that the purported dismissal of the claimant by the defendants for no just cause is wrongful, unlawful premature, unfair, null and void and without regard to the principles of fair hearing as guaranteed by the constitution of the Federal Republic of Nigeria and ordered that the purported dismissal be set aside.

His Lordship further ordered claimant be re-instated into the Nigerian Police with his full rank and is entitled to all his allowances, promotion arrears of salaries from November, 2010 to the date of this judgment.

His Lordship also awarded sum of N1 million Naira as general damages against the defendant in favour of the claimant.