Corporal Emmanuel Amodu V. The Commandant, Police College Maiduguri & Anor (2009)

LAWGLOBAL HUB Lead Judgment Report

S. MUNTAKA-COOMASSIE, JSC

This is an appeal against the decision of the Court of Appeal, Jos Division. The Appellant before this court was the plaintiff in the High Court of Borno State, herein called the Trial Court. The plaintiff now Appellant, claimed in his statement of claim which goes without saying, supercedes the writ of summons. See Lahan & Ors vs. Lajoyetan (1972) 6 S.C P 190.

The plaintiff claimed the following reliefs:

“(1) An order that the orderly room trial conducted by the Defendants in respect of an allegation of theft or discreditable conduct against the plaintiff, the result of which was used to ground the dismissal of the plaintiff from the Nigeria Police Force was illegal, irregular and incompetent, wrongful, unconstitutional, null and void.

(2) An order declaring as null and void the dismissal of the plaintiff from the service of the Nigeria Police Force by the Defendants, being illegal, wrongful and unconstitutional

(3) An order directing the defendants to reinstate the Plaintiff into the Nigeria Police Force with his former status of a Corporal and payment of all arrears of his salaries and allowances effective 5th May, 1993 until the disposal of the matter. Or alternatively the payment of the sum of N224,420:00 (two hundred and twenty four thousand, four hundred and twenty Naira) that he would have served the Nigeria Police Force before he would be qualified to either retire voluntarily or be retired by the Police authorities.

(4) The cost of prosecuting this suit”.

The Defendants, now Respondents denied almost all the claims of the Appellant.

The appellant herein was the Respondent in the Court of Appeal hereinafter called court below.

Before I go further it may not be out of place if I narrate brief facts of this appeal as put by both parties., The case for the Appellants, who was the plaintiff in the trial court, was that he joined the Nigeria Police Force in 1988, and rose to the rank of a corporal. In March, 1993, the Appellant and one Police Officer, Corporal Philip, arrested one Abba Tijani, who was in possession of clippers suspected to be stolen property at the instance of one Alhaji Audu. In the course of investigation, the suspect had bolted out/fled and the Police Officers were arrested and charged to Orderly Room Trial for “Discreditable Conduct” contrary to and punishable under paragraph (iii) of the First Schedule of Police Regulation 355 of 1988. Both Respondents were said to make efforts to re-arrest the said suspect, who confessed that he stole the barbing clippers and ultimately he was charged to court. For the meantime, the Respondents (the Appellant and Cpl. Philip Audi) were still in custody when the Orderly Room Trial was concluded and they were found guilty and dismissed from the Nigeria Police Force.

Apart form denying all the Appellant’s (in the Court of Appeal) allegation the Respondent’s asserted that when the Appellant arrested the suspect he did not take him – Abba Tijjani – to the Police Station, but deliberately allowed him to escape so that they could sell the clippers. The Appellant changed to MUFTI and proceeded to a Saloon around the Post Office to sell the clippers. It was in the process of selling the two clippers that the owner of the Saloon identified them as the stolen clippers of Mr. Godwin. Hence the Appellant was found guilty and dismissed from the Nigeria Police Force.

Both sides adduced evidence that was evaluated by the learned trial Chief Judge, who found the Appellant’s claim proved and found in his favour. The Judgment of the trial court could be found on pages 23 – 32 of the Record of Proceedings:

“The guilt of the plaintiff in respect of the offence of being dishonestly in possession of stolen property to wit: two barbing clippers was not established or was yet to the established and yet the employers went ahead and had him dismissed. That was wrong in law and I so declare the dismissal of plaintiff by the Commandant of the Police College Maiduguri who is at the same time a Commissioner of Police null and void of no effect whatsoever. I so enter judgment for the plaintiff and consequently order that he be re-instead forthwith and his rank and salary be restored and arrears of his salary be paid. I award a cost of N500.00 to the plaintiff.

The suit filed by the plaintiff is a competent one as the two defendants, in my view, are competent persons to sue and to be sued. They are therefore free to pursue the criminal trial which is pending against the plaintiff to its logical conclusion. They can and they are free to dismiss the plaintiff after securing the conviction of the plaintiff for the given offence or any other offence. In the meantime judgment is for the plaintiff with N500.00 costs”.