Diploma.
4.
The Applicants aver that after undertaking the identification and verification
process, the Director-General submitted a list of qualified officers to the
Minister of Internal Security,2 who issued a decision appointing Cadet
Superintendents and Inspectors of Police
5.
The Applicants further aver that their applications were rejected although
they possessed the requisite qualifications. They contend that some of their
colleagues, whose applications had also been rejected, brought a case
before the Administrative Division of the Respondent State’s Supreme Court
which, by various judgments,3 ruled in favour of the said colleagues based
on the principle of equality before the law and non-discrimination, thus
paving the way for the oversight authority to regularise their situation
administratively.
6.
On 16 July 2013, the Applicants brought a case before the Administrative
Division of the Supreme Court seeking to be upgraded to a higher rank
based on their qualifications. Their requests were dismissed by Judgment
No. 258 of 5 May 2016, on the ground that the Applicants did not meet the
requirements specified in Article 125 of Law No. 10-034 of 12 July 2010
(hereinafter referred to as the “Law of 12 July 2010”), pertaining to the rules
and regulations of the police service.
7.
The Applicants aver that the police administration, taking a cue from the
Administrative Division of the Supreme Court’s unjustifiable disregard for
jurisprudential precedent, treated them in a discriminatory manner, in
violation of the principle of equality before the law.
2
Decision No. 0732/MSIPC-SG of 2 May 2007, No. 0121/DGPN-DPFM of 1 March 2007 and No. 0100055/MSIPC-SG of 19 January 2010.
3 Judgment No. 40 of 7 March 2013 of the Administrative Division of the Supreme Court; Judgment No.
55 of 25 March 2010 of the Administrative Division of the Supreme Court; Judgment No. 093 of 17 April
2014 of the Administrative Division of the Supreme Court and Judgment No. 420 of 4 August 2016 of
the Administrative Division of the Supreme Court.
3