The Federal High Court in Awka has set aside its sack order on the Inspector-General of Police, Mr. Usman Alkali Baba.
![](https://thenigerialawyer.com/wp-content/uploads/2024/11/TheNigerialawyer-WhatsApp-Channel1.jpg")
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.”
Interested buyers are encouraged to place their orders and enquiries via:
0704 444 4777, 0704 444 4999, 0818 199 9888
Website: www.alexandernigeria.com
The book, titled The Law of Torts in Nigeria: A Functional Approach, authored by Professor Hagler Sunny Okorie Ph.D and Ikeocha, Nathaniel Ngozi Esq, offers law students, practitioners, and academics a comprehensive guide to understanding and applying tort law in Nigerian courts. Interested buyers can place orders via the following contact numbers: 08028636615, 08037667945, 08032253813, or +234 902 196 2209.
_______________________________________________________________________
ARTIFICIAL INTELLIGENCE FOR LAWYERS: A COMPREHENSIVE GUIDE
Reimagine your practice with the power of AI “...this is the only Nigerian book I know of on the topic.” — Ohio Books Ltd
Authored by Ben Ijeoma Adigwe, Esq., ACIArb (UK), LL.M, Dip. in Artificial Intelligence, Director, Delta State Ministry of Justice, Asaba, Nigeria.
Bonus:
Get a FREE eBook titled “How to Use the AI in Legalpedia and Law Pavilion” with every purchase.
How to Order: 📞 Call, Text, or WhatsApp: 08034917063 | 07055285878 📧 Email: benadigwe1@gmail.com 🌐 Website: www.benadigwe.com
Ebook Version: Access directly online at: https://selar.com/prv626
________________________________________________________________________ The Law And Practice Of Redundancy In Nigeria: A Practitioner’s Guide, Authored By A Labour & Employment Law Expert Bimbo Atilola
_______________________________________________________________________
[A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials
