From Godwin Tsa, Abuja
Justice Bolaji Olajuwon of the Abuja division of the Federal High Court has set aside his order committing the Inspector-General of Police (IGP), Usman Alkali Baba, to three-month imprisonment for contempt.
In his ruling, Justice Olajuwon held that there was evidence before the court that the I-G had substantially complied with the court’s earlier order directing the reinstatement of Patrick Okoli, who was compulsorily retired as a police officer.
He agreed with the submission of counsel to the Inspector General, Mr Simon Lough, SAN, that there was compliance with the orders of his court.
The judge consequently declared that in view of the development, the application by Mr Baba “is worthy of sympathetic consideration.”
“In view of the substantial compliance with the order of the court and the assurance of ensuring full compliance, the order committing the applicant, Inspector-General of Police, Usman Alkali Baba, is hereby set aside,” she ruled.
Justice Olajuwon had, on November 29, convicted Baba and sentenced him to a three-month jail term for failing to obey the October 21, 2011 judgment of a sister court presided over by Justice Donatus Okorowo, reinstating Okoli.
Okoli was compulsorily 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 judgment.
However, the Inspector-General of police (IGP), Usman Baba filed a motion challenging the committal order on the ground that the processes of the committal proceedings were served on the former IGP on November 2018 and January 2019.
Besides, the IGP noted the contempt proceedings and committal order on the grounds that he had not been appointed into office as IGP when the case was instituted.
“This was evidenced by an official letter addressed to the Police Service Commission, on the approval of the then IG, as far back as 2015, before the court order of November 29, 2022,” the statement read.
“The then IG requested the commission to issue a reinstatement letter to the plaintiff, and effect his promotion, in line with the order of the court in the exercise of its statutory authority.
“The grounds for the contempt proceedings ought not to have existed.”