By Alao Abiodun
In the space of three weeks, the belching smoke and rumblings from the temple of justice caught up with some high-profile personalities namely the Inspector-General of Police (IGP), Usman Alkali Baba; Chief of Army Staff (COAS), Lt. Gen. Faruk Yahaya and Economic and Financial Crimes Commission (EFCC) chairman, Abdulrasheed Bawa.
The famous dictum that the law is no respecter of persons has been made evident with the recent rulings. Clearly, the orders are a signal that the institution must be insulated from unfair criticism and prevent a fall in the judiciary’s reputation in the public eye.
Contempt of court is any action that disrespects the authority of the court and brings the judge into disrepute. All of the latest episodes have controversy and triggered different reactions. For some observers the outcomes could impact the legal profession one way or another.
Some might be tempted to see contempt of court as a trivial matter. Lawyers understand the impact of disobedience to orders but many citizens may not. Contempt is a legal word that has existed for thousands of years, traceable to the Mosaic Law. Wherever judiciary exists this infraction must exist.
The frank debate about the court’s decisions not only acts as a check on our judiciary, but also contributes to informed and vocal public scrutiny, which in turn can promote accessibility and effectiveness of the judiciary.
For the Inspector-General of Police, Usman Baba, he was sentenced to three months in prison by the Federal High Court in Abuja, for flouting a 2011 court order. The backstory hinges on the appeal made by Patrick Okoli, a former police officer who was forcefully retired from the Nigeria Police Force. He filed the suit to reverse the action.
The presiding judge, Mobolaji Olajuwon, said Baba should be committed to prison for a period of three months, or until his office implements an order made by the court since 21 October 2011. Olajuwon further said despite the Police Service Commission’s recommendation reinstating Okoli into the Force, the IGP flagrantly declined to obey the order.
But Olumuyiwa Adejobi, spokesperson for the police explained that Okoli’s case dates back to 1992 after the IGP joined Force.
“The most recent judgement on the matter was given in 2011 which should ordinarily not fall under the direct purview of the current administration of the Force. Thus, the news is strange and astonishing,” he said.
In the case of the Chief of Army Staff, Lt. Gen. Faruk Yahaya, a High Court sitting in Minna, Niger State, had issued a warrant of arrest and subsequent remand of the army boss and the Commandant, Training and Doctrine Command, Minna, Major Gen. Stevenson Olabanji, for alleged contempt.
The case was said to between one Adamu Makama and 42 others, versus the governor of Niger State and seven others. Counsel for the plaintiffs, Mohammed Liman, had prayed the court to send the army chief and commandant to the custodial centre for disobeying an order made on October 12, 2022.
Recently, the Federal Capital Territory High Court, Maitama sentenced to jail the Chairman of the Economic and Financial Crimes Commission (EFCC) Abdulrasheed Bawa, over contempt.
But days after, Judge Chizoba Oji of the Federal High Court, Abuja, vacated the committal order made against Bawa. In nullifying the ruling, the judge said the evidence before her showed Bawa had complied with the court’s order, directing the EFCC to return a Range Rover Sport vehicle valued at N40 million, which it confiscated from Ojuawo, a former Director of Operations at the Nigerian Air Force.
Contempt of court is a very serious matter. Arguably, the courts can not only bark, they can also bite. While this appears to be true, the Judiciary cannot enforce its own judgments and orders. It relies on the Nigerian Police Force,which is controlled by the Executive arm of government.
Many judges in the past has refrained from making rulings which they considered unenforceable. For instance, is it really conceivable that the some surbordinate would attempt to arrest either the Inspector-General or the Chief of Army Staff.
The undeniable truth, however, is that contempt of court is not aimed at upholding the dignity of a court or a judge, but at enabling the administration of justice to operate without undue obstruction or interference.
Nigeria needs courageous and incorruptible judges. The judiciary must assert its authority by ensuring that court orders are obeyed to the letter. After all, it can be really conforting to believe that no one is really above the law – even if they are police or army chiefs who in the normal scheme of things are the arresters – not targets of arrest.
