The National Industrial Court sitting in Sokoto has nullified the dismissal of a Chief Superintendent of Police (CSP), Adamu Abare, by the Nigeria Police Force.
The NPF had in 2019 dismissed Abare from the Force over alleged misconduct.
The presiding judge, Justice Rakiya Haastrup, ordered the police to reinstate the claimant, Abare, with his entitlements, adding that the termination of the CSP’s appointment was done illegally.
In the suit No NICN/SK/08/2019 between CSP Adamu Damji Abare -VS- Police Service Commission & ORS, Justice Haastrup said Abare was not given due hearing before the termination of his appointment with the NPF.
The presiding judge stressed that aside from an infringement on the fundamental rights of Abare, his dismissal was devoid of civil service established rules.
“The jurisdiction in the allegations is vested in the court and it can’t be usurped by any administrative tribunal.
“The reason is simple, where there are allegations of fraud and forgery the matter is beyond the power of an administrative panel, it has been pronounced by the court of law and it requires judicial processes.
“In this case, the respondent was accused of misconduct amounting to criminal offence, the circumstance the trial court and courts of appeal rightly found the respondent should not have been tried by the ordinary court before his dismissal from employment.
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“There is nothing before me to show defendant resorted to the court of law to determine criminal allegations before the claimant before reaching the decision to dismiss the claimant,” Justice Haastrup ruled.
She added: “The claimant was entitled to a fair hearing but was not given one. On this ground alone, I must declare his dismissal null and void, I so move.
“The claimant will be entitled to reinstatement. The claimant, a Chief Superintendent of Police, is entitled to remain so, following the order of this court restating the claimant, this is without prejudice to the claimants promotion.
“The claimant is entitled to his emoluments, entitlements and other privileges as applicable to his rank in the service of the Nigeria Police Force until his appointment is lawfully terminated.
“It is the judgement of this court that the defendant, their agents shall pay the claimant all accrued salaries, emoluments, benefit from March 27 2019 when claimant was removed from office.”
Abare, a Chief Superintendent of Police prior to the termination of his appointment, was on grade level 12, step eight with net pay salary of N170, 000.
