The Federal High Court in Awka has set aside its sack order on the Inspector-General of Police, Mr. Usman Alkali Baba.

The court upheld the right of Alkali to fair hearing as enshrined in Section 36 of the 1999 Constitution which was not guaranteed by the plaintiff in his application.

It said it was convinced by the depositions of the court bailiff that the IGP was not served the originating summons.

Justice Fatun Riman reversed the court’s earlier judgment following an application by IGP’s counsel, Abdullahi Abdulhakeem Ago against a previous ruling in favour of a plaintiff, Okechukwu Nwafor

The Federal High Court in Awka on May 19, 2023 declared that the Inspector-General of Police, Usman Alkali Baba, is an illegal occupant of the office of IGP.

Justice Riman, who gave the order, insisted that Baba’s continued stay in office was against the clear provisions of the Police Act, 2020, saying it is “unlawful and unconstitutional”.

The court made the order in its judgment in a suit marked FHC/AKW/CS/58/2023, filed by Okechukwu Nwafor, who claimed to be a taxpayer.

But IGP asked the court to set aside the judgment because the subject matter had been determined by another Federal High Court presided over by Justice J.K. Omotosho in suit FHC/ABJ/CS/31/2023.

The police chief also alleged that the court should quash its judgment due to non-service of the originating processes on him.

The court upheld the arguments of the Inspector-General of Police in a 17-page ruling on June 15, 2023.

Justice Riman said a court can reverse its judgment where there was a fundamental error.

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.

A judgment or order which is a nullity owing to failure to comply with an essential provision such as service of process can be set aside by the court which gave it or made the order.

“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.”

https://community.thenationonlineng.net/forum/court-reverses-sack-order-on-igp?xg_source=twitter

Previous Thread:
https://www.nairaland.com/7705166/court-igp-baba-stop-parading#123402416

Shaky shaky Daddy go soon Shake up Mr Usman Alkali the Woman IGP..........Him go Soon Collect Too. Na matter of Time

Toh

Police Don threaten the Judge and hiim family

Courts are the problem of Nigeria

Na Abuja connection.

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What a joke

I would be happy if this country is recolonized

Hehehe .

The judiciary is the most confuse arm of government in Nigeria. The way they buy,sorry pass judgement in Nigeria is really alarming.

Hian

The judiciary in this country is a joke

Why federal high court Awka?

We move

IPOB COURT

why the initial gragra

Okay

When Tinubu issued a stern warning to the Judiciary they were blaming him

Reward for helping Baba Lagos during the election. According to the law, this man is above the retirement age. But no biggie, he will be FIRED immediately Obi sits in Aso rock.

All these enabling of small frys to go against the cabal will only end in tears.

This is not even my problem
I heard that any family earning above anything starting from 30k (minimum wage) are not eligible for school loan

Remind me again, why was the loan implemented in the first place? Anyone earning 30k is Rich In Nigeria? Something that cannot procure a bag of rice?

Who did this to us

Naija judiciary is a joke, theater of jokers

Chai..

What an inzebrudiah abberation!

Lolz

SUPREME COURT IGP Don de

Adesoyefi:
Tinubu go suspend am back

You must be dreaming. It is your principal who made sure he remained in office. This is his reward for his efforts during the election.

That woMAN needs to be fired asap

Obakoolex:
That woMAN needs to be fired asap

Our first female IGP