Following a suit filed by a former police officer, Patrick Okoli, who claimed he was unlawfully and compulsorily retired from the Nigeria Police Force, Justice Olajuwon issued the order.
According to the supporting affidavits, the applicant (Okoli) was forcibly retired in June 1992.
After challenging his forced retirement, a Bauchi High Court ruled in his favour on February 19, 1994, and quashed the letter of compulsory retirement.
The high court also ordered that the applicant be reinstated with all rights and privileges.
The Police Service Commission (PSC) in a letter dated October 13, 2004, directed the then-IGP to reinstate the applicant and issue a recommendation for promotion in accordance with the decision of the court.
Consequently, Okoli instituted a suit marked FHC/ABJ/CS/637/2009 at the Abuja Federal High Court seeking an order of mandamus to compel the enforcement of the order of the Bauchi High Court and the directives of the PSC.
On October 21, 2011, the Federal High Court in Abuja issued a decision in favour of the applicant.
The IGP’s office filed an appeal against the court’s decision, but it was dismissed.
The applicant went on to take additional steps to enforce the order, including approaching the Federal House of Representatives, which then wrote to the IGP’s office.
Following the failure of previous efforts, the applicant approached the law firm of Festus Keyamo to initiate a committal proceeding against the respondent.
In his ruling, Olajuwon stated that the IGP should be committed to prison and detained for three months, or until he obeys the order.
The judge said, “It is unfortunate that the chief enforcer of the law is one who has deliberately refused to comply with the same law. It is important to state that obedience to orders of court is fundamental to the good order, peace and stability of a nation,” the judge held.
“It is a duty which every citizen, who believes in peace and stability of the Nigerian state, owes the nation and the court has a duty to commit the individual who has failed to carry out the order of the court for contempt, so as to prevent the authority and administration of law from being brought to disrespect and to protect the dignity of the court.
“The terms of the Orders of this Court are clear and unambiguous. This court Is satisfied that the respondent (presently and those before him) has had proper knowledge of the Orders of this Court, there is no denial of such knowledge and the receipt of Forms 48 and 49.
“The respondent filed a counter affidavit, was duly represented in court by different counsel, who stated how they had written several legal opinions which were not attended to.
“The refusal and failure of the respondent to comply with the orders of this court has been proved in this case. The respondent, in this case, the inspector-general of police, in the person of Usman Alkali Baba, is to be committed to prison and detained in custody for a period of three months or until he has obeyed the order of this court, made on the 21st October, 2011, in all things that are to be performed, whichever period is shorter.
“If at the end of the three months, the contemnor remains recalcitrant and still refuses to purge his contempt, he shall be committed for another period and until he purges his contempt.”
Justice Olajuwon noted that though the Police Service Commission (PSC) recommended Okoli’s reinstatement into the Force, a decision that was affirmed by the court, the IGP refused to comply with the order.
The court had also ordered the payment of N10m to the applicant, being special and general damages for the unlawful, illegal and unconstitutional denial of his rights and privileges as a Senior Officer of the Nigeria Police Force from 1993 till date.
IGP Speaks
Meanwhile, the IGP stated in a statement issued hours after the court decision that he is unaware of Okoli’s reinstatement order and that he will not disregard the rule of law.
Read full statement:
PRESS RELEASE
POLICE NOT AWARE OF COURT ORDER ON REINSTATEMENT OF DISMISSED OFFICER
As IGP Would Never Disregard Court Ruling, Rule Of Law
The Nigeria Police Force wishes to state emphatically that the office of the Inspector-General of Police, IGP Usman Alkali Baba, psc(+),NPM, NEAPS, fdc, CFR, did not disregard Court Order or rule of law as the office is not aware of any Court Order, during the current IGP’s tenure, with respect to a matter making the round in the media that the IGP disobeyed a Court Order for the reinstatement of a dismissed officer of the Force.
It is instructive to note that the case in point concerns an officer who was dismissed as far back as 1992, a few years after the current IGP joined the Nigeria Police Force, based on available facts gleaned from the reports. The most recent judgement on the matter was given in 2011 which should ordinarily not fall under the direct purview of the current administration of the Force. Thus, the news is strange and astonishing.
The IGP has however directed the Commissioner of Police in charge of the Force Legal Unit to investigate the allegation in a bid to ascertain the position of the court and profer informed legal advice for the IGP’s prompt and necessary action.
The Inspector-General of Police reiterates his commitment to upholding the rule of law and synergizing with the judiciary to ensure quick dispensation of justice for an improved criminal justice system.
CSP OLUMUYIWA ADEJOBI, mnipr, mipra
Force Public Relations Officer,
Force Headquarters,
Abuja
29th November, 2022
