In a space of three weeks, the chairman of the Economic and Financial Crimes Commission (EFCC) Abdulrasheed Bawa; the inspector-general of police (IGP) Usman Baba and the chief of army staff (COAS) General Faruk Yahaya have been jailed for court contempt.
On November 9, 2022, an FCT High Court convicted Bawa for contempt of court.
The conviction was occasioned by the failure of the EFCC to comply with a court order asking it to return a Range Rover and the sum of N40 million to the applicant in a suit.
In her ruling, Justice Chizoba Oji held that the anti-graft commission boss committed contempt of the orders of the court made on November 21, 2018.
The court had directed EFCC to return to the applicant his Range Rover (Super charge) and the sum of N40 million.
“Having continued wilfully in disobedience to the order of this court, he should be committed to prison at Kuje Correctional Centre for his disobedience, and continued disobedience of the said order of court made on November 21, 2018, until he purges himself of the contempt,” the court ordered.
However, the chairman appealed the judgement immediately and it was set aside.
On November 29, 2022, the Federal High Court, Abuja, sentenced the IGP to three months in prison for disobeying its order. The order flowed from a suit marked FHC/ABJ/CS/637/2009 filed by a former police officer, Patrick Okoli, who claimed he was unlawfully and compulsorily retired from the Nigeria Police Force (NPF) in June 1992.
A Bauchi High Court had on Saturday, February 19, 1994, delivered judgment in favour of Okoli and quashed the letter of compulsory retirement and ordered that the applicant be reinstated with all rights and privileges.
The Police Service Commission (PSC) in a letter dated Wednesday, October 13, 2004, directed the then-IGP to reinstate the applicant and issue a recommendation for promotion in accordance with the decision of the court.
Consequently, Okoli requested the court for an order of mandamus to compel the enforcement of the order of the Bauchi state high court and the directives of the PSC.
The Federal High Court, Abuja, delivered its judgment in favour of the applicant on Friday, October 21, 2011.
Meanwhile, the office of the IGP has appealed the judgment but it was dismissed.
Justice M. O. Olajuwon on Tuesday ruled that the IGP has disobeyed a court order made on October 21, 2011, and should therefore be detained in custody for a period of three months, or until IGP Baba obeys the order.
The judge said, “It is unfortunate that the chief enforcer of the law is one who has deliberately refused to comply with the same law. It is important to state that obedience to orders of the court is fundamental to the good order, peace and stability of a nation.”
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However, the police said the IGP had no idea of the case and couldn’t have disobeyed court orders.
Finally, on December 1, 2022, a Federal High Court sitting in Minna, Niger State issued a warrant of arrest on the chief of army staff, General Faruk Yahaya, for alleged contempt of court.
The order which borders on the October 12, 2022 order of the court also affected the commandant Training and Doctrine Command (TRADOC) Minna, Major General Stevenson Olugbenga Olabanji.
The state’s chief judge Justice Halima Abdulmalik, stated that the order followed the hearing of a case brought before the court, pursuant to Order 42, Rule 10 of the Niger State High Court Civil Procedure 2018.
Justice Abdulmalik declared: “The order is commuting the chief of army staff, General Faruk Yahaya and the commandant Training and Doctrine Command Minna, Major General Stevenson Olugbenga Olabanji, to be kept in Minna Correctional Custody for contempt of the order of this court on 12th October, 2022.
She directed that the two accused should be remanded in custody until they purge themselves of the court contempt.
The trial judge adjourned the case to December 8, 2022 for continuation.
At the time of filing this report, the director of Army Public Relations, Brigadier General Onyema Nwachukwu was yet to respond to the judgement.
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