Osondu was dismissed from the police force but the court has ordered the police inspector-general to pay him all his entitlements with effect from March 26, 2019.
The Nigerian Inspector-General of Police, Usman Baba has asked the National Industrial Court, Abuja Division to set aside its judgement ordering him to reinstate one Osondu Christian, a Deputy Superintendent of Police.
Osondu was dismissed from the police force but the court has ordered the police inspector-general to pay him all his entitlements with effect from March 26, 2019.
The IGP in a court document filed in court by one David Sunday, a legal officer in the Legal/Prosecution Section of the Force Headquarters, sought three reliefs and formulated 13 grounds upon which it asked for the court to reverse its judgement in a suit numbered NICN/ABJ/CS/153/2022.
SaharaReporters had reported that the National Industrial Court in its judgement in Suit FHC/NICN/ABJ/153/2022; Osondu Christian Vs The Inspector General of Police & 2 Ors, ordered President Muhammadu Buhari to direct the police inspector-general to reinstate the dismissed DSP Osondu Christian and pay him N10 million in damages.
In the judgment delivered by Honourable Justice O. O. Oyewumi, the court held, "That the decision of the Police Service Commission (PSC) as contained in its letter dated 22/07/2020 with Ref No.: PSC/1524/IV/5 reinstating the 1st respondent to his rank and entitlements in the Nigeria Police Force with effect from 26/03/2019 is valid, subsisting and binding on the Inspector General of Police.
"That the Court has the power to make an order mandating the President of the Federal Republic of Nigeria to direct the Inspector General of Police to comply with the decision of the PSC, pursuant to the provisions of Section 215(1)(a) of the 1999 Constitution (as amended).
"His Lordship thereafter directed the Inspector General of Police to reinstate the respondent forthwith and to pay damages in the sum of N 10,000,000.00 for his display of executive recklessness and willful disobedience to a statutory duty."
SaharaReporters also reported that the dismissed DSP through his lawyer Ojukwu Chikaosolu filed committal proceedings against the police chief for his continuous and willful disobedience to the judgment of the court.
However, in a Motion on Notice brought pursuant to sections 6(6) (a) and 36(1) of the constitution of the Federal Republic of Nigeria 1999 (as amended): Order 17(1141C) of the National Industrial Court of Nigeria rules, 2017 and under the inherent jurisdiction of the court, Usman Baba sought following reliefs:
“An order of this honorable court setting aside the entire Judgment in Suit No. NICN/ABJ/CS/153/2022 between Osundu Christian v. Inspector General of Police; The Nigeria Police Force and President Federal Republic of Nigeria.
“An Order of this Honorable Court setting aside the Judgment of the Applicant unconditionally. And for such further order(s) this Honorable Court may deem fit to make in the circumstances of this suit.”
Part of 13 grounds upon which the application was brought was that hearing notices on the matter were never served on the counsel representing the Respondents (IGP, NPF & Presidency) in this case.
Parts of the grounds are: “The judgment of this Honourable court in suit No: NICN/ABJ/153/2022 was delivered on the 24th October 2022, compelling the Applicant to inter alia comply with the Orders of the Police Service Commission which directed the Applicant to reinstate the Respondent into the Nigeria Police.
“The Applicant did not deliberately set out to disobey the orders of this Honourable Court but to state categorically that none issuance of service is a fundamental defect which goes into the issue of competence.
“That the judgment of court was delivered on 24th October, 2022, the same judgment of court was not served on the Respondent/Applicant.
“That the Respondent/Applicant became aware of the suit and judgment when a letter was written to the Respondent/Applicant attaching a copy of the judgment on the letter.
“That on perusal of the judgment, it was discovered that the dismissal of the Applicant/Respondent was pursuant to a case of official corruption, extortion, wrongful confinement, wrongful seizure and stealing he had while in service.
“That the said case was investigated and the Applicant/Respondent was indicted and recommended to be charged to court. A copy of the Report is hereby annexed as exhibit NPF 1.
“That the proper procedure was duly followed by the Force Disciplinary Committee which recommended his dismissal.”
Meanwhile, the Respondent/Applicant (Osondu) has described the application to set aside the judgement of the court as unfortunate, saying it will be the greatest mistake they have made.
He added that “this is an opportunity for the Nigerian public, civil society, human rights lawyers and the press to come to this court and witness testimony of the highest level of Police hierarchy in the compounding of kidnapping/murder of the son of the brother of the former late vice president Alex Ekwueme and the killing of seven suspects to protect the kingpin in court proceedings. You are welcome to stand by me in court on that day if the court allows it, thanks.”