The Acting Chairman of the Police Service Commission (PSC), Justice Clara Bata Ogunbiyi (retd.), yesterday decried the rampant cases of the garnishee of the accounts of the PSC by courts on matters directly related to the operational duties of the police which have nothing to do with the commission.
Justice Ogunbiyi spoke when she hosted the leadership of the Nigerian Bar Association (NBA), led by its President Yakubu Maikyau.
The PSC boss regretted that lawyers erroneously sue the commission for breach of the fundamental rights of the populace “whereas the commission is not liable”.
She cited the Court of Appeal decision in the case of Nuhu vs. Sale & Ors. (2017) ACN Pt. 1 Pg. 197 paragraph E to F.
Quoting the judgment in the suit, the PSC boss said the liability of the fourth respondent (PSC) was pronounced thus: “The fourth respondent is not in the position to dictate the duties of the respondents but rather it is either the commissioner of police or Inspector General of Police (IGP), as the case may be, who does.”
“The control of the servant by a master is a factor to consider in a contract of service and the fourth respondent has no such control over the respondents to render it vicariously liable for their wrong doing.”
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Justice Ogunbiyi also cited Regulation 341 of the Police Act and Regulations CAP P19 LFN 2004, which reads: “In the individual exercise of his power as a police officer, every police officer shall be personally liable for any misuse of his powers or for any act done in the excess of his authority.”
A statement yesterday in Abuja by the commission’s Head of Press and Public Relations, Ikechukwu Ani, said the PSC boss urged the NBA President to assist the PSC to pass this relevant information to the association’s members to save the commission from garnishee problems.
The acting chairman also spoke on the need for the Senior Advocates of Nigeria (SANs) to encourage and accommodate their younger colleagues, especially those operating at lower ranks.
While responding to a question by the NBA President on proper placement of the police officers who obtained additional legal qualification while in the service, Justice Ogunbiyi said this was a concern and should in due course be addressed by relevant stakeholders.
The PSC boss also told her guests that the Law Faculty of the Police Academy at Wudil in Kano State had not been accredited.
She advised the Bar to seek the assistance and intervention of the Body of Benchers, as the highest governing authority among lawyer, for the right decisions.
Maikyau called for the appointment of more lawyers into the Police Force and wished the commission greater heights and achievements.
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