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IGP Usman Alkali Baba battles prison sentence

The police public relations unit is desperately battling the impunity sling arising from the court sentence on the Inspector General, Usman Alkali baba, over decadent disregard of the instition to court orders.

the efforst came after a the federal high court in Abuja sentenced the police chief to three months in prison for disobeying a court order to reinstate a dismissed police officer, Patrick Okoli, who had earned a judicial pronouncement against his dismissal from service.

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The order, which was given by the presiding judge, Mobolaji Olajuwon, followed a suit filed by a former police officer, Patrick Okoli, who claimed he was unlawfully and compulsorily retired from the Nigeria Police Force.

The officer who was fired in 1992 had challenged his forced retirement, and his dismissal was later quashed in court. So far the police force has failed to comply with a court order to reinstate him into the service.

Okoli who had challenged his forceful retirement from the Nigeria Police Force and on February 19, 1994, had a judgment delivered in his favour where the court 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 issued a recommendation for promotion in accordance with the decision of the court.

The applicant, afterward, 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 High Court and the directives of the PSC.

The Federal High Court in Abuja delivered its judgment in favour of the applicant on October 21, 2011.

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

The applicant took further steps to enforce the order, including approaching the Federal House of Representatives, which then wrote to the office of the IGP.

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

While delivering the judgment, Justice Olajuwon held that the IGP should be committed to prison and detained for a period of 3 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 the court is fundamental to the good order, peace and stability of a nation,” the judge held.

“It is a duty that 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 and was duly represented in court by different counsel, which stated how they had written several legal opinions that were not attended to.

“The refusal and failure of the respondent to comply with the orders of this court have 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 October, 2011, in all things that are to be performed, whichever period is shorter.

The Judge, Mrs Olajuwon, had ordered the police to pay N10 million as damages to Mr Okoli for the “unlawful, illegal and unconstitutional denial of his rights and privileges as a Senior Officer of the Nigeria Police Force from 1993 till date.”

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But when the police force ignored her orders, the judge ordered the IGP to be committed to prison for three months or until his office implements an order made by the court since 21 October 2011.

She made the committal order due to the IGP’s refusal comply with an earlier order of the court in 2011.

Mrs Olajuwon said despite the Police Service Commission’s recommendation, reinstating Mr Okoli into the Force, the IGP flagrantly declined to obey the order.

“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,” the judge said.

In a statement, police spokesman Olumuyiwa Adejobi described the decision to punish his boss as “astonishing”.

He said the police force was studying the ruling to decide on what action to take.

“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,” he said.

In a similar development, the Federal Capital Territory High Court Maitama, recently sentenced to jail the Chairman of the Economic and Financial Crimes Commission (EFCC) Abdulrasheed Bawa, over contempt until he complied with court orders.

The judge, Chizoba Oji, in a ruling said the EFCC failed to comply with an earlier order of the court.

But on 10 November, Mrs Oji vacated the committal order made against Mr Bawa.

 “The Nigeria Police Force wishes to state emphatically that the office of the Inspector-General of Police, IGP Usman Alkali Baba … 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.”

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Mr Adejobi explained that Mr Okoli’s case dates back to 1992, after the IGP joined Force.

Adejobi, in the statement, said the IGP has directed the Commissioner of Police in charge of the Force Legal Unit to investigate the allegation and proffer informed legal advice to him on the court order for necessary action.

Her statement reads.

‘’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 rounds 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 judgment 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.

‘’The Inspector-General of Police reiterates 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.’’

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