Evaristus D. Egbebu V. The Inspector General Of Police & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA GEORGE?MBABA, J.C.A.(Delivering the Leading Judgment)

The Appellant, as plaintiff in the Court below, filed a suit No.FHC/PH/57/97 on 31/1/97, challenging his compulsory retirement from the Nigeria Police Force and sought orders of Court to set aside the retirement, which was meant to have retrospective effect; he also sought re-instatement, without loss of seniority and payment of all his salaries and emoluments, from 27/10/90 until today (date of judgment).

The Respondents challenged the jurisdiction of the trial Court, pursuant to Decree No 17 of 1984 and succeeded in getting the suit struck out on 26/7/99. The appeal against the striking out of the suit succeeded and the suit was remitted to the Lower Court, for determination on the merits.

On the creation of Owerri Division of the Federal High Court, the suit was transferred from Port Harcourt Division of the Federal High Court, to Owerri Division and the suit acquired a new number ? FHC/CS/114/2006. That was in 2006, when the writ of summons was also amended to join the 4th Respondent (Police Service Commission).

?On 23/5/2008, the Lower

Court made an order of accelerated hearing of the case and also ordered for substitute service of all the processes on the 1st, 3rd and 4th Respondents. The case was heard and judgment delivered on 19/2/2009, on the merits, and in favour of the plaintiff. The trial Judge, Hon. Justice, C.V. Nwokorie, made the following orders:

?(1) The purported compulsory retrospective retirement of the plaintiff under Decree No. 17 of 1984 is not sustainable in law

(2) The purported compulsory retrospective retirement of the plaintiff is hereby declared unlawful and unconstitutional.

(3) The retrospective retirement of the plaintiff by the 1st Defendant through their letter dated 6/3/91 Ref. No. P/10356/95 is hereby set aside as being unconstitutional, wrongful, null, void and of no effect whatsoever as it offends against the principle of natural justice, having initiated action under the Civil Service Rules and purportedly retiring the plaintiff under a Decree;

(4) The Plaintiff should (sic) be reinstated to his appropriate rank in the

Nigeria Police Force, without loss of seniority and should be paid all his salaries and emoluments from 27/10/2009 until today.

(5) I make no award of costs.?

The judgment Debtors (now Respondents) ignored the judgment, and a year after, Appellant commenced contempt Proceedings against them (judgment debtors/Respondents) for refusing to obey orders of Court?made in the judgment of 19/2/09. Forms 48 and 49, were served on all the Respondents by the Bailiff, who filed?affidavit of service to that effect, particularly to show the difficulties he had to serve the 1st Respondent directly/personally, but finally served him through the legal Department of the 1st Respondent?s office at Louis Edet House, Police Force Headquarters, Abuja; that service was acknowledged, on behalf of the 1st Respondent, by Commissioner of Police, Legal/Prosecution Section, FCD, Abuja on 17/2/2010, by letter Ref. C.B:3960/X/LEG/FHQ/ABJ/VOL.Vol.64/18.

?The committal Proceedings proceeded to hearing before Hon. Justice L. Akanbi on 25/10/10, who?suo motu, ordered parties to file written addresses to satisfy him that the