Michael Agha, a dismissed
police officer Tuesday asked the Federal High Court, Makurdi, Benue state to commit
Ibrahim Idris, the inspector-general of police to prison for disobeying court
order.
Agha who claimed to
have been wrongfully dismissed from the force dragged the I-G to court to show
cause why an order of committal to prison should not be made against him.
The committal was
because of I-G’s refusal to pay him all his entitlements as ordered by Court of
Appeal, Jos Division, May 12, 1997.
Joined in the suit
were the Attorney-General of the Federation and the Benue Commissioner of
Police.
Agha in his affidavit
filed before the Federal High Court, Makurdi, deposed that he enlisted in the
Nigerian Police Force in 1977 and was unlawfully dismissed from the force in
1988, while serving at 13PMF, Makurdi, Benue.
The explained that he
was dismissed because he wore a mobile police face cap to the Police
Headquarters, Makurdi on a day it was drizzling.
He said an ASP asked
why he wore a face cap when the then commissioner of police had banned it a few
days earlier.
Agha said he explained
to the ASP that he did not know about the ban, but the ASP took up the issue
with him which eventually led to his dismissal from the force.
Aggrieved by the
treatment, he headed to a Makurdi High Court to contest his dismissal, where
his case was thrown out.
Agha appealed the
judgment at the Court of Appeal, Jos and the appeal was allowed.
He said the appellate
court on May 12, 1997 set aside the judgment of the Benue High Court and
ordered that he be reinstated forthwith and paid all his entitlements.
The applicant stated
that all efforts to get the Police to comply with the judgment delivered by the
Court of Appeal had failed.
He therefore, headed
to the Federal High Court, Makurdi, and filed a contempt proceeding against the
I-G and two others.
When the case was
called for hearing, counsel to the applicant, Tarfa Achinge, informed the court
that the case was for hearing of Form 49 of the Judgment Enforcement Rules.
He however, said that
he got information from counsel to the 1st and 2nd respondents, Gabriel Ebonyi
that a window of opportunity for an out-of- court settlement had shown up, and
asked for adjournment.
Ebonyi who did not
oppose the application, promised the court that he would make further effort to
get his bosses to comply with the judgment of the Court of Appeal without
necessarily hearing the Form 49.
The Form 49 of the
Judgment Enforcement Rules filed before the court required the respondents to
show cause why an order of committal to prison should not be made against them.
In his ruling, the
judge, Justice Hassan Dikko told counsel to the 1st and 2nd respondents to urge
his bosses to take pity on the poor applicant and comply with the order of the
Court of Appeal.
Dikko adjourned the
matter till April 5, 2017 for report of settlement.
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