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Uyo – The Presiding Judge of the of the National Industrial Court of Nigeria, Uyo Judicial division, His Lordship, Hon. Justice M. A. Namtari, on Thursday 7th February 2019 in a judgment set aside the dismissal order and prosecution of INSPECTOR JOSEPH ETUK (claimant) made by COMMISSIONER OF POLICE, AKWA IBOM STATE and 3 others (Defendants) through the Police Wireless Message of 25th day of August, 2016 ordered reinstatement with full rights and privileges as provided under the Police Act and other laws and regulations made there under.
The Claimant commenced this action on 21st October 2016 by filing a Complaint and sought against the Defendants jointly and severally among others; An order reinstating the claimant into the Nigeria Police with his rank as an Inspector in the Nigerian Police Force and entitled to all rights and privileges as provided under the Police Act and other laws and regulations made there under. An order setting aside the conviction of the claimant and orders made by the orderly room trial conducted by the Delegated Officer (1stDefendant) on the 23rd day of August 2016.
Likewise, An order setting aside the dismissal order and prosecution of the claimant made by the Defendants through the Police Wireless Message of 25th day of August 2016.
The case of the Claimant as stated in the Statement of Facts and Statement on oath that he was among seven (7) police officers assigned to raid one of the "black spots" in Ekpuk Village on the 14thday of July, 2016. And it was only the Claimant and the driver out of the seven (7) police officers that were not armed with gun for the raid of 14thday of July, 2016.
That as a result of the raid, ten (10) suspects, including a female were arrested and the police patrol van was used to conveyed the suspects and seven (7) police officers that conducted the raid back to the Divisional police headquarters without stopping at any place on the road as there was resistance from the villagers.
That at the police station, the suspects were detained after they made statements under caution. That on 18th July 2016 an Identification Parade was conducted in which the Claimant saw the said Mary Nse Udo with some police officers from State Command Headquarters, with an instruction from the Commissioner of Police that the Claimant should be brought to the Police Headquarters, Uyo.
That on getting to the police headquarters, the said Mary Nse Udo accused the Claimant of raping her at gunpoint on the 14th July 2016 at about 2330hrs at Ekpuk Village when she was on her way to church, an offence he never committed.
That on 5th August 2016, an orderly room trial was constituted at State Criminal Investigation and Intelligence Department by the 2nd Defendant and charged with discreditable conduct, indecent and sexual assault, which he pleaded not guilty and the trial was adjourned to the 9th August 2016 due to lack of prosecution witnesses.
That the orderly trial resumed on 22nd August 2016 and the 1st Defendant went ahead to conduct the hearing of the matter without taking new plea from the Claimant and the other two officers in breach of the constitutional right to fair hearing of the Claimant.
That during the trial the alleged victim of rape, Mary Udo did not testify rather the Investigating Police Officer (IPO) from State Investigation Bureau gave evidence against the claimant and was not given the opportunity of cross-examining the victim in breach of his fundamental rights to fair hearing.
That despite the quality of the prosecution evidence and the Claimant's defence, the 1st Defendant (Delegated Officer) recommended the dismissal of the claimant from the force and to be charged to court for offence of rape and through a Police Wireless Message dismissing the Claimant from the Nigeria Police Force and ordering his prosecution in the court for the offence rape.
It is the submission of the Claimant that every person accused of an offence has a right to call witnesses in his defence and also to cross-examine the prosecution witnesses and this opportunity was not afforded him throughout the trial which led to his dismissal.
The Claimant went on to submit that it is only the 4thDefendant who is empowered to dismiss a police officer of the rank of inspector under the 2nd Schedule of the Police Act and this is enough to render the dismissal of the Claimant wrongful not to talk of the illegality that took place in the orderly room trial.
After careful evaluation of all the processes filed, and the submissions of the learned Counsel from both sides. The Court presided by Hon. Justice M. A. Namtari expressed thus;
“The submissions of the Claimant against the orderly room trial calls for a critical review of the proceedings itself. A casual look at the proceedings will reveal that the basic requirements of fair hearing were complied with a closer look at the proceedings will however show that the misgivings by the Claimant are well-founded.
“First, the failure to call the victim of the alleged sexual assault left a gaping lacuna in the proceedings. The said victim of the sexual assault is too vital a witness to be left out in this.
“I am therefore in total agreement with the Claimant that the orderly room proceedings is not only fraught with irregularities but against the grain of fair hearing which is a fundamental right of every citizen.
The court set aside the dismissal order and prosecution of the claimant made by the Defendants through the Police Wireless Message of 25th day of August, 2016 and ordered that the claimant be re-instated back to his rank as an Inspector in the Nigerian Police Force and entitled to all rights and privileges as provided under the Police Act and other laws and regulations made there under.
