Festus Mrakpor & Anor V. Police Service Commission (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UDO?I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment)

This is a cross appeal against the Judgment of the High Court of Lagos State delivered on the 6th day of October, 2006 by Hon. Justice Olufadeju.

The Cross-Appellants as Claimants took out a writ of summons against the Cross- Respondent as Defendant claiming the following reliefs:-

“(1) A declaration that the dismissal of the Plaintiffs from the Nigeria Police Force by the Defendants without proper trial is wrongful in that it violates the Plaintiffs’ fundamental right to fair hearing under the 1979 Constitution of the Federal Republic of Nigeria,

(2) A declaration that the Police Orderly Room Trial initiated and conducted against the Plaintiff in absentia and judgment thereof are unconstitutional, null and void and of not effect having been conducted in the absence of the Plaintiffs and having been based on the original offence for which the Plaintiff were discharged and acquitted.

(3) A declaration that the Police Orderly Room Trial initiated and conducted against the Applicants in absentia is a violation of the Applicants’ fundamental right to fair

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hearing under the Nigerian Constitution.

(4) A declaration that any finding, action and/or order based on the said orderly Room Trial is consequently null and void and of no effect.

(5) A declaration that the order of dismissal awarded against the Plaintiffs by the Defendants is excessive having regard to all the circumstances of this case and in particular the Plaintiffs condition of service.

(6) A declaration that the Plaintiffs are, to all intents and purposes, still in the service of the Defendants; to wit, the Nigeria Police Force notwithstanding the purported dismissal.

(7) An Order of the Honourable Court reinstating the Plaintiffs in the service of the Defendants; to wit the Nigeria Police Force with effect from 8th June, 1983,

(8) A declaration that the Plaintiffs are entitled to all accrued salaries/allowances/benefits hitherto enjoyed by them and flowing from their employment with the Defendants.

(9) An Order mandating the Defendants to pay the Plaintiffs the sum of N168,614.50 more particularly described and itemized in Plaintiff Statement of claim hereinafter filed in this action.