Justice Sanda Yelwa of a Lagos Judicial Division of the National Industrial Court has struck out the decision of the National Agency for the Prohibition of Trafficking in Persons (NAPTIP) to dismiss one of its officers named Borisade.
In a judgement, the court held that the agency violated Borisade’s constitutional right to fair hearing. Justice Yelwa further declared that Borisade’s detention for 21 days in Lagos and 2 days in Abuja was wrongful, irregular, and a breach of his rights to dignity and personal liberty under the 1999 Constitution.
Besides, NAPTIP was ordered to pay Borisade N10 million as general damages for unlawful detention and violation of his fundamental rights; N1 million for the loss of seized devices; N480,000 to replace a Samsung A33 phone and HP Core i3 laptop if not returned; and N86,973 in monthly salary and allowances for 32 months from July 2023 to the time of judgement, all payable within 30 days.
In the process filed before the court, Borisade, who rose to the position of Chief Assistant Detective at NAPTIP, was detained following allegations of misconduct. While in custody, he was denied access to family and legal counsel, while his personal devices—including his phone and his wife’s laptop—were seized without a warrant. He was subsequently dismissed without a fair hearing. However, NAPTIP, in its defence, claimed it acted within its statutory powers and public service rules.
However, the court found that the agency failed to present evidence supporting its actions, making Borisade’s uncontested testimony credible. Justice Yelwa emphasized that NAPTIP, as an agency and not a court, exceeded its authority in detaining Borisade and seizing his property.
She declared his dismissal null and void, affirmed his continued lawful employment, and restrained the agency from any further harassment or interference with his duties.
