Justice Oyewumi J. of the National Industrial Court in Abuja on Monday fixed March 7, 2024, for a definitive hearing on the suit seeking to commit Nigeria’s Inspector General of Police, Kayode Egbetokun to prison.
The suit seeks to commit the police chief to prison over his disobedience to the judgement of the court directing the reinstatement of Osondu Christian, a Deputy Superintendent who was dismissed from the Force.
SaharaReporters had reported that the National Industrial Court in its judgement in Suit FHC/NICN/ABJ/153/2022; between Osondu Christian vs. the Inspector General of Police & 2 Ors, ordered then-President Muhammadu Buhari to direct the police inspector general to reinstate the dismissed police officer and pay him N10 million in damages.
In the judgement delivered by 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 earlier reported that the dismissed police officer through his lawyer, Ojukwu Chikaosolu, had filed committal proceedings against the police chief for his continuous and willful disobedience to the judgement of the court.
When the matter came up on Monday, the presiding judge, Justice Oyewumi fixed March 7, 2024, for a definite hearing following the absence of the IGP in court.
According to the proceedings in Abuja, the counsel for Osondu, Chikaosolu Ojukwu (SAN), told the court that the matter was for the committal of the occupant of the Office of the Inspector General of Police to prison as the police had failed to file a response after their motion to set aside the judgement of the court was dismissed.
Samuel Nwizu who is representing the 3rd defendant argued that contempt proceedings cannot be initiated against the president of Nigeria but they can be maintained against the Inspector General of Police.
"No appearance for the 1st and 2nd Defendants that is the police," he said.
On the preliminary objection of the Nigerian President, the lawyer argued that the notice of disobedience of court order can be issued against the office of the president of Nigeria, however, the motion for committal was only against the real Contemnor, the Inspector General of Police.
He however conceded that so as not to waste the time of the court, he will concede to the alternative relief of striking out the name of the office of the President from Form 86 which is Exhibit G.
Following arguments, the Court struck out the name of the 3rd defendant on Exhibit G.
The court asked if IGP was served with Form 86 personally but the Senior Advocate of Nigeria urged the court to grant the claimant leave to serve the 1st and 2nd Defendants by substituted means, by serving them through CP Legal of the Force Headquarters with Form 86 and other processes of court and same was granted.
The court adjourned the case to March 7, 2024, for a hearing of the claimant’s motion for committal. The court also ordered that hearing notice should be served on the 1st and 2nd defendants through the same means.