Judge nullifies dismissal of Chief Superintendent of Police over alleged misconduct
Chima Azubuike
Following the dismissal of a Chief Superintendent of Police Adamu Abare National Industrial Court of Nigeria has nullified his removal as an officer of the law.
Abare was dismissed by the Nigeria Police Force in 2019, following allegations of misconduct, the decision the court frowned against.
Our correspondent reports that 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.
Delivering the judgement on Tuesday virtually which was monitored by our correspondent on the suit No NICN/SK/08/2019 Between CSP Adamu Damji Abare -VS- Police Service Commission & ORS, Justice Rakiya Haastrup at NICN-Sokoto Division, the Judge revealed that Abare was not given due hearing before the termination of his appointment with the force.
Haastrup stressed that aside been an infringement on the fundamental rights of Abare, it was devoid of civil service established rules for dismissal.
The judgement partly read, “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 be 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. 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 while bemoaning the flagrant abuse by the police authorities also asked that the claimant be reinstated with his entitlements.
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.”
