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Court Clears Way for Contempt Proceedings Against PSC Chairman, Secretary Over Alleged Disobedience

The Alleged contemnors

Justice E. D. Subilim of the Abuja division of the National Industrial Court of Nigeria (NICN) has granted leave to Peter Ejike, a Deputy Superintendent of Police (DSP) to commence contempt proceedings against the Chairman and secretary of the Police Service Commission (PSC), retired Deputy Inspector-General of Police Hashimu Argungu, and Chief Onyemuche Nnamani, respectively over their alleged failure to comply with a court judgment ordering his reinstatement.

Justice Subilim in a ruling delivered the ruling on July 14, 2026, held that the applicant had established a strong prima facie case warranting the commencement of committal proceedings against the two PSC officials.

DSP Ejike, who is also a lawyer, had approached the court seeking permission to initiate contempt proceedings after the Commission allegedly failed to implement a January 29, 2026 judgment in a suit marked NICN/ABJ/60/2025, which directed his immediate reinstatement as a Deputy Superintendent of Police with full payment of his outstanding salaries, allowances, and accrued benefits.

According to the judge, documentary evidence before it showed that the judgment was personally served on the PSC Chairman and Secretary and that reminder letters were also delivered to them. 

The judge noted that despite having knowledge of the judgment, the respondents neither complied with the order nor filed any counter-affidavit to challenge the application.

Justice Subilim emphasized that contempt proceedings are quasi-criminal in nature and that, at the leave stage, an applicant is only required to establish a prima facie case. 

He held that the uncontroverted affidavit evidence established the existence of a valid and subsisting judgment, proof of service, and alleged deliberate non-compliance by the Commission’s principal officers.

The judge further ruled that the mere filing of a notice of appeal does not amount to a stay of execution, stressing that parties remain under a legal obligation to obey court orders unless a competent court grants a stay.

Describing obedience to court orders as fundamental to the rule of law and the administration of justice, Justice Subilim stated that statutory office holders cannot hide behind the corporate personality of public institutions to evade responsibility for implementing binding judicial decisions.

The judge consequently granted DSP Ejike leave to issue Forms 48 and 49 against Argungu and Nnamani and directed that the committal processes, together with a certified true copy of the order, be personally served on both officials.