Gyang & Anor V Cop Of Lagos State & Ors (2013)

LAWGLOBAL HUB Lead Judgment Report

SULEIMAN GALADIMA, JSC

This is an appeal against the judgment of the Court of Appeal, Lagos Division delivered on the 8th of April, 2013, affirming the ruling of the trial Federal High Court, delivered on 22nd May, 2001. On the 8th of November, 2000 the Appellants at the Federal High Court sitting in Lagos commenced an action by way of motion exparte for leave to apply for an order of certiorari seeking the following reliefs:

“(a) A DECLARATION that the proceedings tagged “CP’s Review” signed by one J A. Alade, Force Provost Marshal, by which the Applicants were dismissed from the Nigeria Police Force, is unconstitutional, illegal, null and void, in that it breaches the Applicant’s right to fair hearing as enshrined in section 36 of the 1999 Constitution of the Federal Republic of Nigeria.

(b) AN ORDER of certiorari removing the proceedings tagged “CP’s Review” signed by one J. A. Alade, Force Provost Marshal. By which the Applicants were dismissed from the Nigeria Police Force, into this Honourable Court, for the purpose of quashing the said proceedings.

(c) AN ORDER quashing the proceedings tagged “CP’s Review” signed by one J.A. Alade, Force Provost Marshal, by which the Applicants were dismissed from the Nigeria Police Force.

(d) AN ORDER reinstating the Applicants to their ranks with all their full rights and entitlements as if they had not been dismissed.

The grounds upon which the reliefs were sought are’-

“(a). That the Applicants and three other purported defaulters were earlier discharged and acquitted of a one-count charge of corrupt practice brought against them on the 2/04/99 in an orderly room at Mopol 2, Keffi Street, Lagos State.

(b) That the review panel headed by one J. A. Alade the Acting Commissioner of Police Provost Marshal, Force Headquarters (FHO) Annex that reviewed the earlier proceedings and dismissed the Applicants from the Nigeria Police Force did not give the Applicants a right to represent themselves and be heard thereby denying the applicants their constitutional right to fair hearing

(c) That the Applicants are entitled to be returned to their original positions before their rights were denied them.”

Accompanying the application, is a Verifying Affidavit of 9 paragraphs sworn to by one of the Counsel in the chambers of the Applicants’ Solicitors. Three Exhibits were attached viz’-

(a). Exhibit “A” – The proceedings and judgment of the Orderly Room Trial.

(b) Exhibit ‘B’ – The proceedings of the Review.

(c) Exhibit C – Letter of Appeal by the Applicants to the Appeal Department of the Inspector-General of Police.