Three (3) Months Imprisonment: IGP Challenges Court Sentence

 

“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”

Inspector-General of Police, Mr. Usman Baba Alkali

PEGASUS REPORTERS, LAGOS | DECEMBER 2, 2022

The Inspector-General of Police (IGP), Usman Baba has directed the Commissioner of Police in charge of the Force Legal Unit to proffer informed legal advice to him on the order of the Federal High Court, Abuja which sentenced him to three months in prison for “disobeying a court order”.

The police boss made this known in a statement signed by Force Public Relations Officer, Olumuyiwa Adejobi hours after Justice Mobolaji Olajuwon issued the order that the IGP be committed to prison and detained in custody for a period of three months.

The order of the court followed a suit filed by a former police officer, Patrick Okoli who claimed he was unlawfully and compulsorily retired from the Nigeria Police Force in June 1992.

A Federal High Court in Abuja was said to have ordered the reinstatement of Okoli in a judgement on October 21, 2011, but the office of the IGP was said not to have complied.

However, in a statement on behalf of the IGP on Tuesday, Adejobi said the police boss did not disregard the court order or the rule of law. The statement said: “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 proffer informed legal advice for the IGP’s prompt and necessary action.”

Adejobi also said the IGP will continue to uphold the rule of law and synergise with the judiciary to ensure quick dispensation of justice for an improved criminal justice system.

The order of the Federal High Court was made by Mobolaji Olajuwon, the presiding judge, on Tuesday, following a suit filed by Patrick Okoli, a former police officer who claims he was unlawfully and compulsorily retired from the Nigerian police force.

According to the affidavits in support of the suit, the applicant (Okoli) was forcefully retired in June 1992.

After challenging his forceful retirement, a Bauchi high court on February 19, 1994, delivered judgment in favour of the applicant 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 state high court and the directives of the PSC.

The Abuja federal high court delivered its judgment in favour of the applicant on October 21, 2011.

The office of the IGP appealed the federal high court judgment but the appeal was dismissed.

The applicant took further steps to enforce the order including approaching the federal house of representatives who then wrote to the office of the IGP.

After efforts failed, the applicant approached the law firm of Festus Keyamo, to commence a committal proceeding against the respondent.

Justice & the Gavel

It will be recalled that in delivering judgment the judgement that sentences the police boss, Olajuwon held that the IGP should be committed to prison and detained for a period of three months, or until he obeys the 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 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 of 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.”

As reported by Africaupdatenewspaper

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