[2014]DLHC16431January 29, 2014High Court

DAVID JAWARA BANYE vs THE DIRECTOR OF BNI AND THE ATTORNEY GENERAL

The plaintiff, a dismissed officer of the Bureau of National Investigations (BNI), challenged his dismissal as wrongful and sought reinstatement, payment of salaries and benefits from the date of dismissal to reinstatement, and ancillary relief. The dismissal arose from his involvement between 13 and 15 January 2010 in a kidnapping-rescue operation concerning a Nigerian child. The defendants contended that he undertook an unauthorized operation, absented himself from duty without approval, and acted with a foreign law enforcement officer without the required authorization. The court accepted that the plaintiff had previously been disciplined for insubordination and had been expressly warned that any future breach would result in outright dismissal. Portion of judgment: opening paragraphs setting out the reliefs claimed; the passages beginning “The plaintiff was employed by the 1st defendant sometime in February, 2000...” and “By a letter dated 20th May, 2010 Exh. A...”

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JUDGMENT The plaintiff, a dismissed officer of the Bureau of National Investigations (B.N.I.), commenced this action to challenge his dismissal. He describes his dismissal as wrongful and prays the court to order his re-instatement. The endorsement of his Writ of Summons clearly expresses his predicament and expectations. He expects the court to intervene in the dispute and resolve the matters in controversy according to law. He has, therefore, sued, claiming the following reliefs: “1. A declaration that the dismissal of plaintiff by the 1st defendant is wrongful. 2. An order directed at defendants to immediately re-instate plaintiff into the employment of 1st defendant. 3. An order directed at defendants to pay plaintiff all salaries, payments and/or benefits due plaintiff within the period of plaintiff’s purported dismissal to date of plaintiff’s reinstatement. 4. An order of interim injunction restraining the defendant from ejecting plaintiff from the house plaintiff oc...