By Desire Emmanuel
The National Industrial Court has heard how a staff member of the National Agency for the Prohibition of Trafficking in Persons (NAPTIP) was locked up inside the cell of the agency for 23 days and the agency thereafter went ahead to dismiss the employee.
Justice Sanda Yelwa of the Lagos Division of the court heard the details when the case came up before him on Tuesday, March 17, just as he awarded a N10 million damage against the agency and the payment of the man’s 32-month salary within 30 days.
The judge nullified the decision of the management of the agency to rely on the report of a three-man investigating panel that led to the purported dismissal of the employee, Mr. Lawrence Borisade, from service, describing it as a violation of his right to fair hearing guaranteed under the constitution.
The judge also declared the locking up of Mr. Borisade in a cell at the Lagos Zonal Command of the agency for 21 days and in Abuja for two days as wrongful, irregular, unwarranted and in violation of his right to dignity of his human person and right to personal liberty as enshrined in the constitution.
He therefore ordered NAPTIP to pay Borisade the sum of N10 million as general damages for unlawful detention and violation of his fundamental rights; N1 million as compensation for loss of use of seized devices, and N480,000 as replacement value of a Samsung A33 phone and HP Core i3 laptop if not returned, the payment of N86,973 monthly salary and allowances for a period of 32 months from July 2023 till the time the time of judgment, payable within 30 days.
According to court documents, Borisade submitted that he was employed by the NAPTIP and rose to the position of Chief Assistant Detective, but was detained by the agency for 21 days in Lagos and an additional two days in Abuja in November 2022 following allegations of misconduct.
He added that while in custody, he was denied access to his family members and legal practitioner, and officers of NAPTIP seized his Samsung A33 phone and his wife’s HP laptop from his residence without a warrant and he was not given fair-hearing prior to his dismissal from service.
In its defence, NAPTIP averred that it acted within its statutory powers as an arresting and investigating agency and followed the Public Service Rules in determining the employment of Borisade, and urged the court to dismiss the case.
Delivering judgment, Justice Yelwa held that the failure of NAPTIP to call evidence in support of its defence rendered its pleadings bare and unsupported, leaving the credible and uncontroverted evidence of Borisade before the court to be accepted.
On Borisade’s detention, Justice Yelwa held that NAPTIP is not a court of law, and declared the detention beyond constitutional limits and seizure as illegal, wrongful, oppressive and unconstitutional.
Justice Yelwa therefore entered judgment in favour of Mr Borisade, declared his dismissal by NAPTIP null and void, affirmed that he remains in the lawful employment of the agency until properly determined in accordance with the Public Service Rules, and restrained the agency from further harassment or interference with his duties.
