Court orders IGP, PSC  to recognize, pay Uluata Peter, 36 others monthly stipend

 

Admin I Wednesday, December 04, 2024

 

ABUJA, Nigeria – Inspector General of Police, IGP Mr. Kayode  Egbetokun and the  Police Service Commission, PSC have been ordered by the Abuja division of the National Industrial Court of Nigeria, NICN to recognize Commander of the Special Constabulary Police of Abia State, Uluata Peter and 36 others and pay them their monthly stipend of N54,566.25 from January 2021 to April 2024.

Justice Rakiya Haastrup, who gave the order in her judgment, also ordered the IGP to fix and approve monthly stipends  within two months  from May 2024 for the Special Constabulary until when they would cease to be in the service.

Justice Rakiya Haastrup declared that the Commander of the Special Constabulary Police of Abia State, Uluata Peter & 36 others ought to be regarded as personnel/employees of the Inspector General of Police and Nigeria Police Council and therefore entitled to be issued letters/certificates of appointment by a combined interpretation of Nigerian Police (Establishment) Act and the Labour Act.

From facts, the Claimants- Uluata Peter & 36 others had submitted that they were drafted by the Inspector General of Police, Nigeria Police Council and the Police Service Commission sometime in 2019 and trained as Special Constables after which they were kitted with uniforms and batons before being deployed to various Police Commands, Divisions and other formations in the 36 states of the Federation including the FCT and then commenced work in January 2021 with the expectation of being paid monthly stipends.

They averred that they had never received any stipend from the Inspector General of Police and the Nigeria Police Council despite their visit and plea to the office of the Inspector General of Police on 12th September 2023.

However, despite service of court processes, the Inspector General of Police, Nigeria Police Council and the Police Service Commission failed to enter defence.

The 4th Defendant’s- Attorney General of the Federation objected to the case on the ground that the Commander of the Special Constabulary Police of Abia State & 36 others have not disclosed any cause of action against it. The AGF averred that the Commander of the Special Constabulary & 36 others are not personnel of the Police as they were only trained by the Inspector General of Police and Nigeria Police Council as Special Constables who are only volunteers since they were never deployed for service and not given letters of employment.

Counsel to the AGF contended that the provisions in question cannot be interpreted to mean that the appointment of Special Constables is regulated by the Police Act, that Uluata Peter & 36 others must first be appointed before they can take any benefit thereof, and urged the Court to dismiss the case for lacking in merit.

In opposition, the claimants’ counsel, S. T. Hon (SAN), Nguemo Uja Esq., Christian S. Hon Esq., Aisha Z. Hon Esq. and Tracey A. Madaki Esq. posited that it would be inconceivable that after his clients being trained, recruited and worked for the Nigeria Police Force for years, they would not be paid any stipends as stipulated; this, he stated does not accord with administrative nor labour justice.

Delivering judgment after careful evaluation of the submissions of both parties, the Presiding Judge, Justice Rakiya Haastrup struck out the name of AGF for not being a necessary party in the determination  of the suit and that Uluata Peter & 36 others’ case discloses no cause of action against the AGF.

The Court reiterated that it is not only a letter of employment that determines the existence of an employment or its terms and conditions; maintained that Uluata Peter & 36 others were not only recruited and trained by the Inspector General of Police and Nigeria Police Council they were kitted with uniforms, armed with batons since they were to serve as in the capacity of intelligence gathering and not to engage in combat operations.

The Court stated that the evidence as seen in exhibit C, which is a newspaper publication of the Guardian of 29th December 2023, where the Chairman of the Police Service Commission was calling for the overhaul of the special constabulary across the country and stressing for a need to change their uniforms, the same way (Exhibit E) the Force Public Relations Officer of the Nigerian Police Force said that the Special Constables were given police uniforms to confirm their identity by the government and would be given stipends.

Justice Haastrup held that Uluata Peter & 36 others’ have established by credible evidence that there is an existing relationship of employment between them and the Inspector General of Police and Nigeria Police Council on the other hand.