ABUJA – The National Industrial Court on Tuesday ordered the Police Service Commission to reinstate Mr. Jibrin Sa’eed on his job and pay N1 millon as damages to him.
The President of the court, Justice Babatunde Adejumo, gave the order while delivering judgment in a case brought by the claimant in August 2011, over unlawful termination of appointment.
The claimant filed the suit against Police Service Commission and the Permanent Secretary of the commission on March 18, 2011.
Sa’eed’s appointment was terminated by a disciplinary panel set up to investigate an allegation of him slapping a colleague, Mr.Gaji Usman, in the office.
Adejumo said that the termination of Sa’eed’s appointment was unlawful because he was denied the opportunity to challenge the evidence against him, which infringed on his right to fair hearing.
He ordered the 1st and 2nd defendants to pay the salaries of the claimant in arrears, including all his claims and entitlements from the month of termination till date.
He said that another sum of N200,000 should be paid to the court for cost of the suit and all these payments should be made within a period of 30 days.
“The 1st defendant shall reinstate the claimant forthwith and should pay to the claimant all claims and entitlements from the date of termination till date.
“The defendant should pay a sum of N1million for general damages for the breach of the claimant’s fundamental right, the trauma, pain, embarrassment and untold hardship he suffered. [eap_ad_1] “I am of the view that the refusal of the 1st and 2nd defendants to afford the claimant the opportunity to challenge the evidence or cross examine the opposing party before the disciplinary panel infringed his right to fair hearing.
“And when a claimant is denied fair hearing, the entire proceeding is nullified; the termination is unlawful and a nullity in favour of the claimant.’’
Justice Adejumo in his Judgment, said documentary evidence was the best form of evidence, which would prevail over oral evidence.
He said that the 1st and 2nd defendants in their joint defence, argued that Sa’eed’s termination was not based on alleged misconduct and no reason was stated for his dismissal.
The claimant’s Counsel, Musa Haruna thanked the judge for restoring hope to the family of his client, adding that he was happy that justice had been served.
Babatunde Dada, the defendants’ Counsel said that they would comply with the judgment of the court.(NAN)
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