A Federal High Court, Abuja, on Wednesday, set aside its order committing the Inspector-General (IGP) of Police, Usman Baba to three-month imprisonment for contempt.
Justice Bolaji Olajuwon, in a ruling, said that there was evidence before the 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 officer.
Justice Olajuwon agreed with the submission of counsel to the IGP, Simon Lough, SAN, praying the court to void the November 29 committal order.
The judge said that in view of the development, the application by Mr Baba “is worthy of sympathetic consideration.”
She said counsel had placed before the court, the affidavit evidence that in 2015, the former occupant of the office of the applicant (I-G), commenced the implementation of the order of the court made on Oct. 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 facts of the case, his observation and recommendation to the IGP. This was on the 10th of October, 2015.
“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 the 20th of November, 2015 the applicant (the IGP) via Exhibit UAB3 wrote to the Chairman, 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,” she said.
According to the judge, 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 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 the 5th of May, 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,” she added.
The judge, however, said that the I-G did not place before the court Exhibits UAB2 and UAB3 during the contempt proceedings, which would have persuaded the court into favourably considering Baba’s position.
“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.
“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,” the judge ruled
Olajuwon had, on November 29, convicted Baba and sentenced him to a three-month jail term for failing to obey the Oct. 21, 2011 judgement of a sister court presided over by Justice Donatus Okorowo, 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 judgement.
