Citizen Eteobong Polycap has dragged the Inspector General of Police, IGP, the Police Service Commission, PSC, and Imo State Commissioner of Police to the Federal High Court, Owerri, for contempt of court.
In a 13-paragraph affidavit filed in support of his motion in suit number FHC/OW/CS/26/2011, Eteobong stated he was a police officer with force number 198062 until 2007 when he was dismissed on an allegation of his alleged involvement in a murder case.
“I was charged with the offence of murder of Sunday Igwe and was arrested over same in 2006, but the trial court discharged and acquitted me from the allegation on June 29, 2010”, Eteobong stated.
He also averred that further to his discharge and acquittal, he served the IGP a letter of demand for his reinstatement, stressing that on February 7, 2011, he proceeded to the Federal High Court Owerri for an order to reinstate him in the police force.
“The Federal High Court presided over by Hon. Justice F. A. Olubanjo heard the matter on merit and entered judgment in my favour on May 28, 2012”. On July 30, 2012, the judgment order was served on the IGP, Eteobong stated.
He recalled that Imo police boss and the PSC were served with the judgment order respectively but the former declined having administrative power to implement the court order and was waiting for directives from the IGP.
“The IGP ignored the court order. Form 48 had already been served on the respondent, which is a notice of consequence of disobedience to court order”, Eteobong stated.
The aggrieved police officer lamented that he had “been out of salary since March 2008 and this occasioned great financial hardship” on his entire family.
Vanguard recalls that Justice Olubanjo in his judgment ordered that “the defendants have no justification whatsoever to terminate the employment of the plaintiff without recourse to due process of law occasioned by fair hearing”.
While ordering that the dismissal of the plaintiff from the Nigeria Police Force by the defendants is illegal and unconstitutional as he is not guilty of the offence alleged.
“The defendants, especially the third defendant, PSC, are hereby compelled to reinstate the plaintiff to the Nigeria Police and promote him.”