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Nigeria’s National Industrial Court Orders IGP and Force Secretary to Show Cause for Disobedience to Court Order

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Nigeria's National Industrial Court Orders IGP and Force Secretary to Show Cause for Disobedience to Court Order
IGP Baba Usman

The National Industrial Court in Abuja has given an order for the Inspector General of Police (IGP), Usman Alkali Baba, and the Force Secretary, Assistant Inspector General of Police (AIG), Hafiz Inuwa, to appear before the court on May 2. This order was given in response to allegations of contempt of court against them for disobeying a court order.

The court issued an enrolled order, which was endorsed by Justice Oyebiola Oyewumi, stating that the IGP and the Force Secretary must appear before the court to show why they should not be found guilty of contempt of court. The order stipulates that the IGP must purge himself of contempt of court or face imprisonment in accordance with the law.

Justice Oyewumi emphasized that the IGP, regardless of his rank, is not above the law and must respect the law when he acts as someone above the law. The court’s reaction follows a suit filed by four senior police officers from courses 33, 34, and 35 who were unlawfully and compulsorily retired from the Nigerian Police Force.

The police officers, who are Chief Superintendents of Police (CSPs) Egong Egwu Egong and Omeh Felix Okechukwu, Paul Obot Umoh, and Superintendent of Police (SP) Galadima Bello, filed a suit on behalf of themselves and other affected members of Course 33, 34, and 35 who were prematurely retired from service.

In a judgment in the suit marked NICN/ABJ/21/M/2023, the court nullified the premature retirement of about 20 senior police officers and ordered the IGP and the Police Service Commission to reinstate them immediately.

However, the Police Chief and the Force Secretary, who are the key defendants in the legal action, refused to comply with the reinstatement order of the court. As a result, Edwin Okoro, counsel to the plaintiffs, reported the violation of the court order by the IGP to the Industrial Court for remedy.

Justice Oyewumi held that the Inspector General of Police and the Force Secretary had flouted the court order made on February 27, 2023, and that their legal department had issued legal advice urging the IGP to comply with the court’s decision. She added that it has become the attitude of government officials, including the Nigeria Police Force, to persistently flout or disobey court orders, as if they are living outside the nation or above the provisions of the 1999 Constitution, which operates as a guide to curb the actions and inactions of the state and its operators.

The judge emphasized that the Constitution has given courts in Nigeria, including the National Industrial Court, the inherent power to enforce constitutional provisions and the rule of law against authorities and people in the state. She stated that a situation where courts are degraded by disobedience to their orders would pose a danger to the rule of law and the nation’s stability.

Justice Oyewumi disregarded the excuse put forward by the respondent counsel, stating that it was verbose and lacked merit. She also emphasized that before proceeding to hold the IGP and Force Secretary for contempt of court, she would ask them to appear before the court to purge themselves of the allegation of disobedience to the order of the court.

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