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Court orders police to reinstate dismissed officer

23 July 2013, 16:43

Abuja - The National Industrial Court in Abuja on Tuesday ordered the Nigeria Police Force to reinstate a dismissed officer, ASP Kelvin Nwagbu, immediately.

The judge, Justice Oluseun Shogbola, gave the order while delivering judgment in a case of unlawful dismissal filed against the police by Nwagbu.

Shogbola held that the dismissal of the claimant via wireless signal by the police  was unconstitutional, adding that the Police Service Commission (PSC)  was the only body with powers to dismiss an officer.

She held that since the commission, which was responsible for recruitment, discipline and dismissal of police officers, had denied knowledge of the dismissal, the action of the Inspector-General of Police (IG) was illegal.

The judge therefore set aside the dismissal and ordered that the claimant be reinstated with all his salaries and allowances paid him in full.

"Since the commission has denied knowledge of the letter of dismissal via wireless signal, the said dismissal is hereby set aside and ASP Kelvin Nwagbu should be reinstated without loss of any salary and allowances," she declared.

The police and the IG, who were co-respondents in the suit, did not make any legal representation in the case.

The claimant’s counsel, Isaac Tochukwu, urged the court to grant the prayers of his client since his claims were not controverted by the defendants.

During the hearing, the claimant told the court that the respondents did not issue him any letter of dismissal.

Nwagbu also told the court that he was neither invited nor tried by the commission on any disciplinary matter before the IG dismissed him from service.

He had in July 2012 sued the PSC,  the Nigeria Police Force and the IG to challenge his dismissal by the IG in February  2012.

Nwagbu prayed the court to declare his dismissal unconstitutional, null and void and set aside the action.

The claimant also prayed the court to order the respondents to reinstate him and pay all his salaries and allowances accordingly.

  - NAN


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