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Hon. Justice Buhari Sani of the Abuja Judicial Division of the National Industrial Court has granted leave to Dr Adeyemi Badiru to commence contempt proceedings against principal officers of the Nigeria Immigration Service (NIS), and 6 others over their alleged failure to comply with an earlier judgment of the Court.
The Court had declared the disciplinary procedure initiated against Dr Badiru by the Nigeria Immigration Service (NIS), and 4 others as wrongful, unlawful, illegal, null and void, and set aside the purported disciplinary proceedings.
The Court in its earlier judgment also ordered the Nigeria Immigration Service (NIS), and 4 others to allow Dr Badiru to participate in the next promotion examination for the appropriate rank or a higher rank commensurate with that of his mates.
Following an ex-parte motion filed by Dr Badiru on September 1, 2026, the applicant alleged that respondents had intentionally failed to comply with orders made by the Court in an earlier suit, NICN/ABJ/136/2023, delivered on December 11, 2023.
According to the applicant, the respondents failed to comply with the judgment. Dr Badiru alleged that his name remained on the disciplinary list, that he was not restored to his duty post and that he was excluded from the 2026 promotion examination conducted between June 29 and July 3, 2026.
Dr Badiru’s counsel, Tersur Kwanga Esq., further alleged that the continued non-compliance with the judgment of the Court had left his client on Grade Level 11 while some of his contemporaries had advanced to Grade Level 13.
In a well-considered ruling, Justice Sani held that the applicant had placed sufficient materials before the Court to establish a prima facie case of disobedience of the earlier judgment.
The Court considered, among other documents, a certified true copy of the 2023 judgment, the circular inviting eligible officers for the 2026 promotion examination and the promotion eligibility list which, according to the applicant, excluded him from the examination.
Justice Sani stressed that the grant of leave does not amount to a final determination that the named officers are guilty of contempt. Rather, it is a procedural step allowing the applicant to bring the substantive contempt application, at which stage the respondents will have an opportunity to defend themselves.
The Court granted leave to Dr. Badiru to commence contempt proceedings against the Comptroller-General of the Nigeria Immigration Service, Kemi Nanna Nandap; the Secretary to the Civil Defence, Correctional, Fire and Immigration Services Board, Major General Abdulmalik Jibrin (rtd.); Kennedy Ailende Uduojie; S. U. Agba; O. C. Uche; Ilori Oluwatobiloba; and Tunde Oduyiga for the alleged failure to comply with the orders made in the December 11, 2023 judgment.
Justice Sani directed the applicant to file and serve the substantive contempt application on the named officers within seven days of the ruling.
The matter was subsequently adjourned to September 23, 2026, for a report on compliance or further proceedings.
