The Presiding Judge, Calabar Judicial Division of the National Industrial Court, Hon. Justice Sanusi Kado has declared the purported dismissal of Corporal Gerald Abang from service of the Nigeria Police Force as wrongful, null and void having not been done in accordance with the law.
The Court held that the Reviewing officer who recommended the dismissal of Corporal Abang at the material time was an Assistant Commissioner of Police and did not have the powers to award a punishment of dismissal by virtue of the Police Rules and Regulations.
Justice Sanusi Kado ordered the Nigeria Police Force, Inspector General of Police, Imo State Commissioner of Police, and the Police Service Commission to reinstate Corporal Abang and restore his full benefit and entitlement.
The Court also granted an order mandating the defendants to compute and pay Corporal Abang all his arrears of salary, emoluments, perquisite, entitlements and other benefits accruing to him covering the period of his wrongful dismissal from 27th August 2003 till date, with the sum of N500,000.00 cost of action.
From facts, the claimant- Corporal Gerald Abang had submitted that he and one other were posted as security aides to a judge and in the course of their duties outside the state, his colleague got seriously ill and they informed the judge of their situation, but the judge did not respond, and they were left with no option than to meet a brother judge to impress upon His Lordship to release his colleague and call for replacement in the light of his colleague deteriorating health condition.
They stated that the Judge became infuriated when her brother’s judge had a word with her and ordered them to return to base, as His Lordship arranged their replacement from the Abuja Command.
Corporal Gerald Abang averred that upon their return to base, they were informed by their commanding officer that the judge called to inform the Commissioner of Police that they left his Lordship in Abuja and abandoned their duty post, and they were treated as deserters for abandoning his Lordship in Abuja.
Corporal Abang stated that they were subsequently marched to an Orderly Room Trial without a formal Charge, and were not allowed to call witnesses in proof of their case, even when they insisted on calling the judge’s driver who witnessed the whole event culminating in the charge against them, and the judge also did not testify in person and they were denied the opportunity of cross-examining the complainant to test the truth and veracity of Judge’s allegation.
Corporal Abang’s counsel, Benita Effiong Esq maintained that both the Adjudicating Officer and the Reviewing Officer do not have the competence to award punishment amounting to dismissal from service for members of the Nigeria Police Force of his client’s rank, and urged the Court to grant the reliefs sought in the interest of justice.
However, the defendants- Nigeria Police Force, Inspector General of Police, Commissioner of Police, Imo State and the Police Service Commission despite being served with the court process and hearing notices failed and neglected to enter appearance and file defence to the case.
Delivering judgment after careful evaluation of the submissions before the court, the Presiding Judge, Justice Sanusi Kado held that the recommendation of Corporal Abang’s orderly room trial was a demotion from the rank of Corporal to Constable but, the reviewing officer altered the punishment of demotion to dismissal.
The Court stressed that Corporal Abang being a policeman whose appointment enjoyed statutory flavour, is entitled to be treated in accordance with the rules and regulations governing his employment.
Justice Kado held that the reviewing officer being an ACP does not have power under the law to recommend higher punishment like dismissal, different from reduction in rank which the orderly room trial recommended was done in violation of the extant Nigerian Police Regulation.
The Court nullified the dismissal of Corporal Abang and held that the Reviewing officer at the material time was an Assistant Commissioner of Police, and it is only the Inspector General of Police, Deputy Inspector General of Police, Assistant Inspector general of police and Commissioner of police that can Award the punishment of dismissal.