An Abuja Federal High Court on Thursday, reserved Nov. 15 for ruling on an application filed by DCP Patrick Okoli over the police authority’s refusal to fully reinstate him after his unlawful retirement in 1992.
Justice Haladu Soba said the ruling earlier billed to be read today could not be taken because of the volume of work on my desk, the ruling is thereby adjourned till Nov. 15,’’ he said.
The applicant brought the motion on notice pursuant to Order 34 of the Federal High Court Civil Procedure Rule 2009 Section 30 of the third Schedule to the 1999 Constitution.
He prayed for an order of mandamus to compel the respondent to without delay comply with the judgment of the High Court of Bauchi dated Feb. 9, 1994.
The Bauchi judgment upturned the compulsory retirement of the applicant by the respondent.
The applicant also sought a declaration that the refusal of the respondent to comply with the directive of the Police Service Commission to reinstate the applicant was Unconstitutional.
Okoli further prayed the court to grant him N10 million being claim for special and general damages against him as senior officer of the Nigeria Police Force from 1993 to date.
The grounds upon which the reliefs were sought, were that the respondent failed to comply with the judgment of a court.
According to it, the respondent was the Inspector General of Police, a public officer, established by law and assigned with specific duties under the law.
It was also based on the fact that the applicant was on June 16, 1992 unlawfully retired from the Nigeria Police Force, pursuant to the abrogated Decree No. 17 of 1984.
The applicant being dissatisfied with the retirement instituted a suit against the then Nigeria Police Council (now Police Service Commission) and the Attorney General of the Federation before a High Court in Bauchi.
The court in its wisdom and in a considered judgment delivered on Feb. 9, 1994 quashed the letter of compulsory retirement of the applicant and ordered his immediate reinstatement.
The applicant held on those grounds that the office of the AGF variously advised the respondent to give effect to the judgment.
He averred that the Head of Civil Service of the Federation by a letter dated Oct. 9 2001 to the Minister of Police Affairs advised the force against non-compliance with the court order.
The applicant further averred that the respondent only partially complied with the order by promoting him from the rank of Chief Superintendent of Police to Deputy Commissioner, which he had remained on for 17 years.
He affirmed that colleagues with whom he ought to be at par with were now of and have been enjoying the rank of Deputy Inspector General of Police.
Okoli said the respondent was deliberately and maliciously foot-dragging in compliance with the order hoping that his remaining period of service would be exhausted without benefits.
The applicant further averred that the entire family and other dependants were exposed to hardships as a result of his unpaid salaries and emolument since 1992.
He stated that the respondent merely attached him to the Nigeria Police Force Headquarters, Abuja, without assigning any post, duty or desk to him.
The applicant finally averred that as a citizen of the Federal Republic of Nigeria, he had been unfairly discriminated against by the respondent, contrary to the provision of the 1999 Constitution.
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