Alex Enumah in Abuja
Justice Bolaji Olajuwon of a Federal High Court, Abuja, on Tuesday, made an order committing the Inspector General (IG) of Police, Mr Usman Baba, to three months imprisonment for allegedly refusing to obey a court judgment made in 2011.
The order was in respect of a police officer, Patrick Okoli, who was compulsorily retired from the force.
Delivering ruling in a contempt proceedings filed by Okoli’s lawyer, Arinze Egbo, the court also warned Baba against non-compliance with the earlier court judgment.
According to Justice Olajuwon, the IG shall be liable to another three months jail-term if he fails to purge himself of the contempt.
Okoli, in a suit marked: FHC/ABJ/CS/637/2009, had dragged the IG to court over his alleged compulsory retirement from service.
He had amongst others prayed the court to order his reinstatement, claiming that he was unlawfully retired in 1992 by the Police Council, presently known as Police Service Commission (PSC), while serving in Bauchi State Command as a Chief Superintendent of Police (CSP).
He said his compulsory retirement, under Decree 17 of 1984, was illegal.
Justice Donatus Okorowo had, in a judgment on October 21, 2011, issued an order of mandamus compelling the IG to do his duty according to law.
The judge also directed the IG to comply with the orders of the PSC, as contained in their letter of 5th May, 2009 (with Ref. No. PSC/CSP/01/11/295A), directing him to reinstate Okoli into the Nigeria Police Force and to present for the recommendation of the commission, the I-G’s recommendation for the promotion of the applicant from 2013 to date, among others.
However, following the IG’s non-compliance with the judgment, Okoli’s counsel, Egbo, filed Forms 48 and 49 supported by an affidavit before Justice Olajuwon, praying the court to convict and sentence the IG for failing to obey the court judgment delivered by Justice Okorowo on October 21, 2011.
The lawyer urged the court to grant their application on the grounds that the IG disregarded a memo of legal advice by the PSC advising him to take cognisance and obey the court judgment.
The court, in its ruling, held that the IG had blatantly refused to carry out the order of the court despite being aware of it.
“This court has bent backwards over and over again for the respondent.
“This court even ordered that the Assistant Chief Registrar (Litigation) write to the respondent to inform him of the pendency of this matter, which he did and the proof of receipt of same in the office of the respondent is before this court.
“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.
“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,” she said.
The judge maintained that court orders are not to be obeyed at the whims and caprices of the respondent and that the rule of law is only supreme when parties, no matter the status, obey the court order.
“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 month 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 ruled.
