Industrial Court Nullifies NAPTIP’s Dismissal of Officer, Awards ₦10m for Rights Violations
Hon. Justice Sanda Yelwa of the Lagos Judicial Division of the National Industrial Court has set aside the dismissal of Mr. Borisade by the National Agency for the Prohibition of Trafficking in Persons (NAPTIP), holding that the agency’s reliance on the report of a three-man investigative panel violated his constitutional right to fair hearing.
The Court further declared that Mr. Borisade’s detention — 21 days at the Lagos Zonal Command and 2 days in Abuja — was unlawful, oppressive, and a breach of his rights to dignity and personal liberty under the 1999 Constitution.
In its judgment, the Court awarded:
– ₦10 million in general damages for unlawful detention and violation of fundamental rights.
– ₦1 million as compensation for loss of use of seized devices.
– ₦480,000 as replacement value for a Samsung A33 phone and HP Core i3 laptop if not returned.
– ₦86,973 monthly salary and allowances for 32 months (July 2023 to judgment date), payable within 30 days.
Mr. Borisade, who had risen to the rank of Chief Assistant Detective, argued that he was detained without access to family or counsel, and that his devices were seized without a warrant. He maintained that he was denied fair hearing before his purported dismissal.
NAPTIP contended that it acted within its statutory powers and in line with the Public Service Rules. However, Justice Yelwa held that the agency failed to adduce evidence in support of its defence, leaving the claimant’s testimony uncontroverted.
The Court emphasized that Mr. Borisade’s employment was one with statutory flavour, governed by the Public Service Rules, and could only be lawfully determined in strict compliance with those provisions. It declared his dismissal null and void, affirmed that he remains in lawful employment until properly disengaged, and restrained NAPTIP from further harassment or interference with his duties.
