Three police officers dismissed after an orderly room trial by the police for alleged conspiracy and theft have petitioned the Inspector General of Police (IGP) to obey the court order to reinstate them. Inspector Mustapha Gana (AP/NO 137262), Sergeant Amos Simon (F/NO 221959) and Corporal Aliyu Ibrahim (F/NO 261406) of the Zone 12 Police Command Bauchi were
dismissed through an orderly room trial conducted under the instruction of the Assistant Inspector General of Police (AIG) Zone 12.
However, a Chief Magistrate Court in Bauchi cleared the affected policemen of any wrongdoing for lack of sufficient evidence to establish a case of criminal conspiracy and theft against them by the oral trial during the orderly room trial. Speaking through their lawyer, Mr. Samaila Idris, the affected officers said they subsequently channelled their grievances of their dismissal to the National Industrial Court (NIC) in Jos on December 17, 2014, which gave an order to reinstate them and pay their entitlements.
In a letter addressed to the AIG Zone 12 Bauchi, dated December 29,2014, their counsel urged the AIG to obey the order and allow them resume duty as well as pay their entitlements “as per the judgment of the said court in the best interest of justice and the need to ensure the working of the law in the society. However, in a reply to their application for reinstatement in line with the court order, the AIG Zone 12 command in a letter signed by one DCP James A. Ochai, directed the dismissed officers to channel their complaints and appeal to the Inspector General of Police Secretariat FHQ in Abuja.
Idris said the affected officers had suffered untold hardship due to their unjust dismissal and appealed to the IGP to obey the order which ruled that “their purported dismissal from the Nigeria Police Force on the said orderly room trial which was devoid of fair hearing against the claimants contrary to the provisions of Section 36 of the 1999 Constitution and is null, void and of no effect.”
The order given by the presiding judge, Justice R. H. Gwandu, also declared that the service, appointment and status of the three affected officers in the Police Force as inspector, sergeant and corporal still subsist and that the purported oral dismissal by the police was invalid, null and void and of no effect. The judge also ordered the Nigeria Police to re-instate their appointment as inspector, sergeant and corporal in the force and all their rights, privileges and benefits attached to their respective offices be restored until their voluntary retirement or attainment of retirement age which ever comes first.
The court then gave an order of injunction restraining the respondent or its agents from preventing them from performing any of their functions and duties of their office or interfering with the enjoyment of the rights and benefits attached to their office.
It then gave an order awarding to each of the claimant N500,000 as general damages for the breach of their fundamental rights having been detained for 60 days.
Efforts to get the reaction of AIG Zone 12 yesterday failed as he directed officers on duty that he was “too busy” to listen to the matter.
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