Court sentences IGP to 3 months in prison for disobeying court order

The Federal High Court sitting in Abuja, on Tuesday, sentenced the Inspector-General of Police, Usman Alkali Baba to three months in prison for disobeying a valid court order.

The sentence arose from a law suit marked FHC/ABJ/CS/637/2009 filed by a former police officer, Patrick Okoli who was unlawfully and compulsorily retired from the Nigeria Police Force in June 1992.

The court on February 19, 1994, delivered judgement in favour of Okoli and quashed the letter of compulsory retirement and ordered that the applicant be reinstated with all rights and privileges.

The officer approached Police Service Commission (PSC)who was also a party in the suit and in a letter dated Wednesday, October 13, 2004, the Commission directed the then-IGP to reinstate the applicant and issue a recommendation for promotion in accordance with the decision of the court.

IGP didn’t comply and the Police officer was not reinstated as directed by the court and Police Service Commission.

The police officer therefore returned to the court and filed application seeking an order of mandamus to compel the enforcement of the court order and the directives of the PSC.

The federal high court Abuja delivered its judgment in favour of the applicant on Friday, October 21, 2011. Dissatisfied, the office of the IGP appealed the federal high court judgment but the Court of Appeal dismissed the appeal.

Justice M. O. Olajuwon on Tuesday ruled that the IGP has disobeyed the court order made on October 21, 2011, and should be detained in custody for a period of three months in the first instance and for another term until he obeys the order made since October 21, 2011.

The judge said; “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,”

“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.”

Justice Olajuwon noted that though the Police Service Commission, PSC, recommended Okoli’s reinstatement into the Police, a decision that was affirmed by the court, the IGP, refused to comply with the order.

The court had also ordered the payment of N10 million to the applicant, being special and general damages 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.