Posted by By CHRIS IKWUNZE, Port Harcourt on
When Godspower Enoch from Ahoada, from Rivers State and Evans Nwidag, an Ogoni, joined the Supernumerary (SPY) police attached to Shell Petroleum Development Company (SPDC) as police constables, in 2000, they were full of expectations.
•Court ordered his reinstatement, but his employer has ignored the directive
When Godspower Enoch from Ahoada, from Rivers State and Evans Nwidag, an Ogoni, joined the Supernumerary (SPY) police attached to Shell Petroleum Development Company (SPDC) as police constables, in 2000, they were full of expectations.
Unfortunately, dream of rising to the pinnacle of their chosen carrier, through hard work, came crashing even before they would be said to have settled down.
Enoch and his colleague, PC Evans Nwidag, were posted to Shell's Kidney Island Marine Police Post to carry out observation surveillance patrol along the Agip/Diobu creek.
According to Enoch, in the course of their patrol, they accosted at tugboat discharging diesel into dug-out canoes. As they made to arrest the captain of the tug-boat, he resisted. However, Enoch said he and his colleague eventually arrested one of the buyers who offered them money. He said they seized the money, but that eight other members of the gang poured petrol into their boats threatening to burn them alive.
He said they were rescued by two mobile policemen on patrol in Sea Truck 188. The money, he said, amounting to N17,290 was handed over as exhibit after the suspect earlier arrested was rescued by another group of illegal bunkerers from the Abonnema/Wharf area.
Enoch said the matter was duly reported to the appropriate Spy authorities and that it was entered in the station diary.
Surprisingly, Enoch said that a report of investigation dated December 21, 2000, by the Shell Spy Police Division, indicted he and his colleagues, Evans Nwidag and subsequently charged to orderly room trial on a three-count charge of bribery, failure to arrest, acceptance of gratification and failing to report illegal bunkering. He said they were convicted on the basis of which they were dismissed from service vide circular No. 83/01/ of 3rd May 2001.
Not satisfied with this miscarriage of justice, Enoch said that he went to court to challenge the injustice. Judgment on the Suit No. PHC/200m/2004 before Justice J.M Kobani of High Court 5 was delivered on July 27, 2006, in favour of Enoch and his colleague.
The judge had ordered the immediate reinstatement of the duo, payment of all their outstanding salaries and allowances from 23 February 2001 till date by SPDC.
Said Justice Kobani in the 28-page ruling: "A Police Orderly Room is not a count of law and, therefore, the trial of the applicants by Orderly Room procedure and the consequent conviction and dismissal from the Supernumerary police for the criminal offence of bribery was a violation of their fundamental rights of fair hearing under Section 36 of the constitution. It is unconstitutional and therefore null and void.
This application, therefore, succeeds and relief sought in the statement in support of this application are hereby granted and I, therefore, order as prayed."
Although as landmark as the judgment was Enoch's woes were far from being over as his employers Shell was not ready to obey the count order.
For one full year, the company was nonchalant, but after much pressure from the chambers of Tuduru Ede and Company, Enoch's lawyers, the Rivers State Commissioner of Police on January 9, 2007, wrote to the Shell through the Divisional Police Officer, Shell Police, Eastern Zone asking them to reinstate Enoch and his colleague and to pay them all their outstanding salaries and allowances up to date based on the judgment of the court.
Eight months later, Shell wrote back to the Commissioner of Police requesting to know if the police authorities had reinstated the duo for it to make available their outstanding salaries and allowances.
Then the company, in a brazen display of mischief added a rider: "Beginning 6th August 2007 that the services of PC Godspower Enoch and PC Evans Nwidag to SPDC be discontinued with effect from 6th October 2007. Accordingly, SPDC shall make the salaries, allowances and all other benefit due to the duo available in the usual manner as soon as the sums due up to Oct. 1, 2007 is advised."
The Police Commissioner, on receipt of the Shell's letter, made it clear to the company that the order of the court was explicit and that is that the duo of PC Enoch and Nwidag should be reinstated with immediate effect and all their outstanding allowances and salaries paid up to date. In fact, the CP reminded the company that throughout the trial, its counsel. L.A. Wilkey Esq, was present in court and was in a better position to advice them.
The commissioner warned that the company's decision to discontinued with the services of the duo with effect from October 6, 2007, was nothing but contempt of court and that the police authorities would not be part of such disobedience.
Despite this clarification from the CP, Shell has remained adamant. Not even several letters written by the chambers of Tuduru Ede requesting them to obey the court judgment has moved the company.
Enoch, who has seven children a wife and aged parents to cater for, would want contempt charges slammed against Shell. For now, Enoch and Nwidag are living as destitute.