The Federal High Court in Awka has reversed its previous order sacking the Inspector General of Police (IGP), Mr. Usman Alkali Baba.
POLITICS NIGERIA reports that the court emphasised the importance of upholding Alkali’s right to a fair hearing, as enshrined in Section 36 of the 1999 Constitution, which the plaintiff failed to guarantee in their application.
Justice Fatun Riman, after carefully considering the court bailiff’s depositions, concluded that the IGP had not been properly served the originating summons. This prompted the court to reverse its earlier judgment following an application by the IGP’s counsel, Abdullahi Abdulhakeem Ago, against the ruling in favour of the plaintiff, Okechukwu Nwafor.
Previously, on May 19, 2023, the Federal High Court in Awka had declared the Inspector-General of Police, Usman Alkali Baba, an illegal occupant of the office of IGP.
Justice Riman, who delivered the order, deemed Baba’s continued tenure in office as unlawful and unconstitutional, citing clear provisions of the Police Act, 2020.
The court’s decision had been made in response to a lawsuit (FHC/AKW/CS/58/2023) filed by Okechukwu Nwafor, who claimed to be a taxpayer.
However, the IGP swiftly approached the court, requesting that the judgment be set aside due to the matter already being determined by another Federal High Court, presided over by Justice J.K. Omotosho, in suit FHC/ABJ/CS/31/2023. Furthermore, the IGP alleged non-service of the originating processes on him, providing additional grounds to quash the judgment.
Justice Riman highlighted that a court has the authority to reverse its judgment in the presence of fundamental errors.
The judge said: “The law is settled that any Court of record including the Supreme Court has the inherent jurisdiction to set aside its own Judgment given in any proceeding in which there must have been a fundamental defect such as one which goes to the issue of jurisdiction and competence of the Court
“Such a judgment is a nullity. A person affected by it, is therefore, entitled ex-debito justicae to have it set aside. The court can set it aside suo motu and the person affected may apply by motion and not necessarily by way of Appeal.
“The law is trite that the necessity for the requirement of service of originating processes, whether personal or by substituted means to bring to the notice of the defendant in action knowledge of the pending of a suit against him to enable such defendant prepare himself and defend the action appropriately
“I find merit in this application. Accordingly, the judgment of this court delivered on 19th day of May 2023 is hereby set aside for non- service of the originating processes on the 2nd Defendant (the Inspector-General of Police). This is the ruling of this court.”
Who actually is a criminal who ought to be in the guillotine? Is it Nnamdi Kalu who is fighting for the decades of injustices against the South East and even south south, or Asari Dokugbo who specializes in assassinations, killings and kidnappinggs? Anyway, Nigerians already know that Dokugbo is only seeking for notice but most unfortunate for him, none is coming. Who knows if he will ever come to his senses.