A Federal High Court sitting in Abuja, on Wednesday vacated its order of November 29, 2022 that committed the Inspector General of Police (IGP), Usman Baba to prison for contempt.
Justice Bolaji Olajuwon held, in a ruling that there was evidence before her court that the IGP has substantially complied with the court’s earlier order directing the reinstatement of an officer, Patrick Okoli, who was compulsorily retired from the force.
Justice Olajuwon held that in view of the development, the application by the IGP, seeking the vacation of the committal order is worthy of sympathetic consideration and added that, “In view of the substantial compliance with the order of the court and the assurance of ensuring full compliance, the order commiting the applicant, IGP, Usman Alkali Baba, is hereby set aside.”
The judge had, in the November 29 ruling 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 compulsorily retired in 1992 while serving in the Bauchi State Command as a Chief Superintendent of Police by the Police Council (now Police Service Commission), which claimed to have acted under Decree 17 of 1984, a decision the court voided in the October 2011 judgment.
The retired police officer had in a suit
marked FHC/ABJ/CS/637/2009 filed by asked the court to declare his compulsorily retirement as unlawfully and reinstate him.
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.
The office of IGP didn’t comply. The police officer had 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.