Nigeria Police Force wished 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.
According to the statement released by the Forces Spokesperson, CSP Olumuyiwa Adejobi on Tuesday over a matter making round in the media that the IGP disobeyed a Court Order for the reinstatement of a dismissed officer of the Force, adding that the office is not aware of any Court Order.
It explained further 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.
Noting that 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”.
However, the IGP 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.
As the Inspector-General of Police reiterated 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.
Meanwhile, some media have reported that a Federal High Court, Abuja, on Tuesday, commited the Inspector-General of Police to a three-month imprisonment over alleged refusal to obey a sister court judgement reinstating a police officer, Patrick Okoli, who was compulsorily retired, back to work.
According to their report which stated further that Justice Bolaji Olajuwon, in a ruling on the contempt proceedings filed by Okoli’s lawyer, Arinze Egbo, also warned IGP Alkali against non-compliance with the earlier court judgement.
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 for his reinstatement, said 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, 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 the IGP 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 IGP’s recommendation for the promotion of the applicant from 2013 to date, among others.
However, following non-compliance with the judgement, Okoli’s counsel, Mr Egbo, filed Forms 48 and 49 supported by affidavit before Justice 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 on the grounds that the IGP disregarded a memo of legal advice by the PSC advising the him to take cognisance and obey the court judgment.
Delivering the ruling, Justice Olajuwon held that Alkali, 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 having the knowledge of the orders.
The judge said he had blatantly refused to carry out the order of the court.
“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.
According to her, court orders are not to be obeyed at the whims and caprices of the respondent and 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 until he purges his contempt,” Justice Olajuwon ruled.
