The National Industrial Court, sitting in Lagos, has nullified the dismissal of Mr. Borisade Joel Oluwafemi by the National Agency for the Prohibition of Trafficking in Persons (NAPTIP), ruling that the action breached his constitutional right to a fair hearing. The court also ordered his reinstatement as a lawful employee of the agency.
Delivering judgment at the Lagos Judicial Division, Hon. Justice Sanda Yelwa held that NAPTIP relied on a flawed three-man investigative panel and failed to follow due process, thereby rendering the dismissal unlawful. The court further found that Oluwafemi’s detention in Lagos and Abuja in November 2022 was unconstitutional, noting that the agency exceeded its powers.
Justice Yelwa ruled that the 23-day detention of Oluwafemi, alongside the seizure of his personal devices, constituted a violation of his fundamental rights. The judge described NAPTIP’s actions as “wrongful, irregular, and unwarranted”, and ordered the payment of compensation, underscoring the need to safeguard workers’ rights within public institutions.
The court held that the agency’s reliance on the panel’s report, without affording Oluwafemi a fair hearing, contravened the provisions of the 1999 Constitution. It also noted that NAPTIP failed to adequately defend its actions in court, leaving the claimant’s evidence largely unchallenged and credible.
Condemning the detention, the court stressed that NAPTIP is not a court of law and therefore lacks the authority to detain individuals beyond constitutionally permissible limits. It described the seizure of Oluwafemi’s Samsung A33 phone and HP Core i3 laptop as illegal, oppressive, and unconstitutional.
According to evidence before the court, Oluwafemi stated that he was employed by NAPTIP and rose to the rank of Chief Assistant Detective before being detained for 21 days in Lagos and an additional two days in Abuja over alleged misconduct. He told the court that he was denied access to his family and legal counsel during the period, and that his devices were seized from his residence without a warrant.
In its defence, NAPTIP argued that it acted within its statutory powers as an investigative agency and complied with the Public Service Rules in handling the matter. The agency urged the court to dismiss the suit, maintaining that due process was followed.
However, Yelwa held that NAPTIP failed to provide sufficient evidence to substantiate its claims. The judge emphasised that Oluwafemi’s employment enjoyed statutory protection and could only be terminated in strict compliance with established procedures.
Consequently, the court awarded Oluwafemi ₦10 million in general damages for unlawful detention and violation of his rights, ₦1 million for the loss of use of his seized devices, and ₦480,000 as replacement value should the devices not be returned. It also ordered the agency to pay his monthly salary and allowances of ₦86,973 for 32 months, from July 2023 until the date of judgment, within 30 days.
In its final orders, the court declared Oluwafemi’s dismissal null and void, affirming that he remains a lawful employee of NAPTIP. It further restrained the agency from any form of harassment or interference with his duties.
