Marion C Kabba v The Police Council & Another (MISC APP 302/2021) [2022] SLHC 9331 (4 April 2022)

High Court of Sierra Leone. Judgment of Hon. Mrs. Justice Jamesina E. L. King J.A., 4 April 2022. The applicant, an Assistant Superintendent of Police with over 36 years' service, was dismissed with immediate effect by letter of 8 May 2020 from the Inspector-General of Police, giving no reasons. She sought certiorari, mandamus, declarations and damages by originating notice of motion dated 5 August 2020. The court found that she was never informed of any complaint or charge, never told of any investigation, and never given a hearing, contrary to regulations 7 to 19 of the Police (Discipline) Regulations 2001 (C.I. No. 20 of 2001). The respondents' affidavit gave no particulars and exhibited nothing. The Police Council, an appellate body for officers of that rank under regulation 20(1)(b), acted ultra vires in acting as a first-instance body. Following Ridge v Baldwin [1963] 2 All ER 66, the dismissal was null and void. The court declared that the respondents breached Part III of the Regulations, quashed the decision of 8 May 2020, directed that she retire on 5 April 2022, ordered payment of salaries and emoluments from 8 May 2020 to retirement and end of service benefits under section 29 of the Finance Act 2019, and awarded costs of Le20,000,000. The pages read for this report end here. The judgment continues in the PDF.