High Court in Abuja Voids IGP’s Conviction For Contempt

A Federal High Court in Abuja has vacated its November 29, 2022 order committing Inspector General of Police (IGP) Usman Alkali Baba to prison for contempt.

In a ruling yesterday, Justice Bolaji Olajuwon held that there was evidence before her court that the IGP had substantially complied with the court’s earlier order directing the reinstatement of Patrick Okoli, who was compulsorily retired as a police office.

The judge held that in view of the development, the application by the IGP, seeking the vacation of the committal order, “is worthy of sympathetic consideration”.

He added: “There is before this court, the affidavit evidence that in 2015, the former occupant of the office of the applicant (IGP) commenced the implementation of the order of this court made on October 25, 2011.

“Exhibits UAB2 and UAB3 are said to be the evidence of the implementation. Exhibit UAB2 is an internal memo. In exhibit UAB2, the Secretary to the IGP gave a brief fact of the case, his observation and recommendation to the IGP.

“It was recommended, in the memo, that the IGP formally accepted the respondent’s (Okoli’s) reinstatement to the rank of DCP and that the Police Service Commission (PSC) be required by the IGP to issue the respondent a letter of retirement in view of his age, or 35 years of pensionable service, terminating his service in the Police Force in accordance with the Public Service Rules to enable the respondent process his entitlement.

“Based on the memo, on November 20, 2015, the applicant (the IGP), via exhibit UAB3, wrote to the Chairman of the Police Service Commission, referred to the commission’s letter reinstating the respondent and observed that the reinstatement has been done in obedience to court order.

“He (the IGP) recommended that the commission issues the respondent with a letter of retirement, terminating his service in accordance with the Public Service Rules so that the respondent could process his entitlement.

“There is nothing before this court showing the that Police Service Commission formally retired the respondent as recommended, so that the respondent could process his entitlement.

“The order of mandamus, as granted by this court, which led to the contempt proceedings, is that the applicant complies with the content of a letter, dated May 5, 2009.

“The content is that it was resolved by the commission that the respondent be reinstated and resume duty, that his promotion and entitlement would be worked out and conveyed to him through the applicant.

“I am of the firm belief that the applicant complied with and acknowledged the order of the court when, in Exhibit UAB3, he observed that the reinstatement and promotion had been done in accordance with the order of the court and recommended further steps to be taken by the commission for the respondent to get his entitlement.

“It must, however, be stated that the applicant did not place before this court Exhibits UAB2 and UAB3 during the contempt proceedings, maybe same would have persuaded this court into favourably considering the position of the applicant.

“This would not have, however, made the order of this court a nullity because, at the time the order of committal was made, there was nothing before this court for a deferent decision to have been made.

“After the order made by this court, citing the applicant for contempt, the applicant has further taken steps towards the fulfillment of the order of this court by writing a follow-up letter to the commission, referring to his earlier letter and stating that the commission’s response was still being awaited so he could act appropriately.

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“All of this shows substantial compliance with the order of this court.

“And, with the assurance given by the applicant that the judgment of this court is being complied with as it requires adherence with some internal procedures and in addition, that the Nigeria Police Force did not intentionally set out to disobey the order of this court, I believe that the application of the applicant for a discharge is worthy of a sympathetic consideration.

“In view of the substantial compliance with the order of the court and the assurance of ensuring full compliance, the order commuting the applicant, IGP, Usman Alkali Baba, is hereby set aside,” she said.

Justice Olajuwon had, in the ruling of November 29 convicted the IGP and sentenced him to a three-month jail term for failing to obey the October 21, 2011 judgment of the Federal High Court reinstating Okoli.

Okoli was compulsory retired in 1992 while serving in the Bauchi State Command as a Chief Superintendent of Police (CSP) by the Police Council (now Police Service Commission (PSC), which claimed to have acted under Decree 17 of 1984, a decision the court voided in the October 2011 judgment.