His Lordship, Hon. Justice Sanusi Kado of the National Industrial Court, Abuja Judicial Division has ordered Nigeria Police Force, Inspector General of Police and the Chairman Police Service Commission to reinstate Sgt. Ali Saidu back to the services of the Nigeria Police Force with immediate effect on the rank of Sergeant with all entitlements, and the sum of N300,000.00 cost of action.
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The Court held that the action of the defendants conveyed orally by officers of the Nigeria Police Force that Saidu has been dismissed for submitting fake WAEC certificate was unlawful, null and void and of no effect whatsoever.
From facts, the claimant posited that he was recruited by NPF, attended training college in Kaduna in April 2003, and was posted to Kebbi State Command. After serving for two years in Kebbi State Command, he was posted to Ogun State Command.
Further that in January 2007, he went to his salary pay point at his former command for December 2006 Salary and the pay Master told him that his salary had been stopped because there was a general audit conducted by the NPF which the claimant did not participate.
Claimant averred that at the time the audit was carried out he was no longer in Kebbi Command, but serving at Ogun State Command where he did his audit screening.
In 2010, the claimant was sent of promotion course and on successful completion, he was promoted to the rank of a corporal. It was also averred that in 2015 while the issue of the salary of the claimant salary remained unresolved, the claimant was sent by the Police force on promotion course and on successful completion, he was promoted to sergeant.
The claimant stated that while he was always going to the office of the Inspector General of Police-2nd defendant to resolve the issue of his salary, some officers within the headquarters in Abuja told him that he had been dismissed from service on the ground that he presented a double/fake WAEC certificate to the NPF at the training college.
He stated as at March 2018 the 1st defendant owed the claimant 135 Months salaries which total Five Million Seven Hundred and Ninety-Two Thousand Four Hundred Nara (N5,792,400.00).
However, the Nigerian Police Force, The Inspector General of Police, The Chairman Police Service Commission refused and neglected to file a memorandum of appearance and statement of defence throughout the hearing of the matter.
Delivering Judgment, the Presiding Judge, Justice Kado held that the law still requires the claimant to meet up with minimal proof for him to be entitled to judgment that a claimant cannot assume that he is entitled to automatic judgment just because the other party did not adduce evidence before the trial court.
“From the evidence before me, there is nothing to show that the claimant has ever been queried or committed any act of misconduct to warrant his dismissal. Indeed, thus why there is no dismissal letter issued to the claimant by the defendant.
“The employment in the Nigeria Police Force is employment garnished with statutory flavor, for any Policeman to be dismissed, laid down procedure in the Police Act and Regulations made thereunder must be followed to the letter for such disciplinary action to be valid and lawful.
“The claimant having not been charged with any offence or tried for misconduct in orderly room trial, cannot be dismissed without formal hearing accorded to him. The action of the defendants conveyed orally to the claimants by officers of the 2nd defendants that he has been dismissed for submitting fake WAEC certificate is unlawful, null and void and of no effect whatsoever.” Justice Kado Ruled.
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