Industrial Court annuls CSP Abare’s dismissal by Nigeria Police Force, Orders payment of salary from March 2019

Succour has finally come the way of Chief Superintendent of Police (CSP), Adamu Abare who was dismissed by the Nigeria Police Force as the National Industrial Court of Nigeria has nullified the dismissal, and ordered his reinstatement and payment of backlog of salary.

Our correspondent who monitored the court sitting virtually on Monday, reports that the presiding Judge, Justice Rakiya Haastrup of NICN Sokoto Division, ordered the Police authorities to reinstate the claimant, Adamu Abare, with his entitlements.

In the suit No. NICN/SK/08/2019 between CSP Adamu Damji Abare -VS- Police Service Commission & ORS, Justice Rakiya Haastrup revealed that Abare was not given a due hearing before the termination of his appointment with the Force.

Rakuya Haastrup stressed that aside been an infringement on the fundamental rights of Adamu Abare, his dismissal was devoid of civil service established rules.

Parts of the judgement reads: “The jurisdiction in the allegations is vested in the court and it can’t be usurped by an administrative tribunal.”

The Judge added that “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.”

According to her, “In this case, the respondent was accused of misconduct amounting to a 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,” she further said.

Rakiya Haastrup added that “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.”

She further declared that “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”, She further ruled.

“It is the judgement of this court that the defendant and their agents shall pay the claimant all accrued salaries, emoluments, and benefit from March 27 2019 when the claimant was removed from office”, the court ruled.

Adamu Abare, a Chief Superintendent of Police prior to the termination of his appointment was on grade level 12, step eight with a net pay salary of N170, 000.

The Nigeria Police Force had 2019 dismissed Abare from the Force over alleged misconduct but the Industrial Court ruled that the termination of Abare’s appointment was done illegally.

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Industrial Court annuls CSP Abare’s dismissal by Nigeria Police Force, Orders payment of salary from March 2019