Contempt: Court fires again, convicts IGP to three months’ imprisonment
…I’m not aware of any Court order — IGP
…NPF directs Legal Unit to swing into action
By Ridwan Adekunle
The Abuja Division of the Federal High Court on Tuesday committed the Inspector-General of Police, Usman Baba, to three months’ imprisonment over alleged refusal to obey a sister court judgement reinstating a police officer, Patrick Okoli, who was compulsorily retired back to work.
Bolaji Olajuwon, in a ruling on the contempt proceedings filed by Mr Okoli’s lawyer, Arinze Egbo, also warned Mr Baba against noncompliance with the earlier court judgement.
“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 October 21, 2011, in all things that are to be performed, whichever period is shorter,” the judge ruled.
Ms Olajuwon warned that if the IGP failed to purge himself of the contempt, he would be liable to another three months jail term.
“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,” Ms Olajuwon ruled.
Mr Okoli, in a suit marked FHC/ABJ/CS/637/2009, had sued the IGP as a sole respondent in the matter.
The plaintiff, who prayed the court to order his reinstatement, said he was unlawfully retired in 1992 by the Police Council, presently known as the Police Service Commission (PSC), while serving in Bauchi State Command as a Chief Superintendent of Police, among others.
He said his compulsory retirement, under Decree 17 of 1984, was illegal.
Justice Okorowo, in a judgement delivered on October 21, 2011, gave an order of mandamus compelling the respondent (IGP) to do his duty according to law.
He directed Mr Baba to comply with the orders of the PSC, as contained in their letter of May 5, 2009 (with Ref. No. PSC/CSP/01/11/295A), directing him to reinstate Mr Okoli into Nigeria Police Force and to present for the recommendation of the commission, the IGP’s recommendation for the promotion of the applicant from 2013 to date, among others.
However, following noncompliance with the judgement, Mr Okoli’s counsel filed Forms 48 and 49 supported by an affidavit before Ms Olajuwon, praying the court to convict and sentence the IGP for failure to obey court judgement delivered by Justice Okorowo on October 21, 2011.
The lawyer urged the court to grant their application because the IGP disregarded a memo of legal advice by the PSC advising him to take cognisance and obey the court judgement.
Delivering the ruling, Ms Olajuwon held that Mr Baba, whose attention severally and through different quarters has been brought to the orders of the court, mandating him to give effect to the directives of the PSC, had not denied knowing the orders.
The judge said he had refused to carry out the court’s order.
“It is unfortunate that the chief enforcer of the law is one who has deliberately refused to comply with the same law.
“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, to prevent the authority and administration of law from being brought to disrespect and to protect the dignity of the court,” she said.
…I’m not aware of any Court order — IGP
In reaction to the order of the Federal High Court in Abuja, on Tuesday, sentencing the IGP to three months in prison, the Force Public Relations Officer, Olumuyiwa Adejobi in a statement issued on Tuesday said the IGP did not disregard the court order or the 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.”
The statement read, “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 synergising with the judiciary to ensure quick dispensation of justice for an improved criminal justice system.”
Recall that recently, whip by the court on the executive have assumed dramatic turn as the High Court of the Federal Capital Territory (FCT) in Maitama, similarly earlier this month, convicted the Economic and Financial Crimes Commission (EFFC) Abdurasheed Bawa of contempt with a punitive ruling for imprisonment.
Following his conviction by the Court for contempt, the EFFC boss had swiftly sued for appeal to set aside the judgement of the High Court of the Federal Capital Territory (FCT).
Justice Chizoba Oji, of the FCT High Court in a ruling had held that Bawa disobeyed court order dated November 21, 2018, directing the commission to return a Range Rover and the sum of N40 million to an applicant.
The court which viewed it as willful disobedience held that Bawa should be committed to Kuje Correctional Centre, Abuja.
Bawa, however, appealed the ruling which was later set aside.
