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did not go down well with him. He later devised insubordination case against
Mr. Tayyib Bah (The Applicant).
The said matter coupled with unproven allegation of his link with the RUF
Rebels in respect of which he was neither given the opportunity to defend
himself nor was investigation conducted as required in all allegations
(emphasis ours), led to his immediate dismissal. His appeal against the said
dismissal to the Police Council for a review of the case was not countenanced
by them”
An analysis of Annexure A suggests and rightly too, that the then Inspector
General of Police of the Defendant concocted a discussion in which the
Applicant made frank contributions. He used it as a ruse, a basis for the
dismissal of the Applicant.
It appears that the said Mr. Nicol (an agent of the Defendant) was the
prosecutor and the Judge at the same time. The rudiments of fairness and
justice frowns upon such procedure and as well as such high handedness.
Granted that the Applicant was queried with regard to the purported acts of
insubordination which he answered to, the reasoning of the Court is
supported by the findings of fact contained in Annexure A to the effect that:
1- That a frank discussion between Mr. Tayyib Bah and late Mr. Walter Nicol
was exploited by the latter, as subordination (insubordination)
of the
former.
2- That Mr. Tayyib Bah was queried for insubordination which he accordingly
responded to, and such offence by all standards does not carry dismissal
as a punishment.
The Court agrees with conclusion arrived at by the investigating authority in Annexure
A and holds that the dismissal of the Applicant was a premeditated decision by the
agents of the Defendant devoid of any procedure or hearing. The offence or charge
which attracts summary dismissal in law must be serious, cogent and proven. A
concocted allegation based on a premeditated decision, catalyzed by bad faith and
without any known procedure cannot qualify as fair.