Justice Sinmisola Adeniyi of the National Industrial Court of Nigeria (NICN) sitting in Abuja, yesterday, adjourned the arraignment of the Comptroller-General of Nigeria Immigration Service (NIS), Kemi Nandap, and Secretary of the Civil Defence, Correctional, Fire and Immigration Services Board (CDCFIB), Maj-Gen Abdulmalik Jibrin (rtd) to March 31, 2026, for the report of police investigation.

The judge adjourned the matter due to the absence of the defendants, who are facing two counts bordering on perversion of justice and conspiracy to commit a felony.

According to official notices issued by the court, Suit No. NICN/ABJ/CR/123/2025, Dr Badiru Adeyemi Oluwafemi vs Nigeria Immigration Service & 3 Others has been listed for arraignment and hearing on December 1, 2025, before Hon. Justice Adeniyi in Court 5.

A related suit, NICN/ ABJ/118/2025, filed by the same complainant, will also be heard on the same day.

When the criminal case was called, the prosecuting counsel, A.M Aduku, informed the court that the matter was for the arraignment of the defendants, and that they had been served with criminal summons personally.

But the judge said she missed a procedure: first ordering the police to investigate the case and report back to court before arraignment.

The prosecution objected. But the court overruled him and ordered the police to investigate the case and report back to the court on March 31, 2026.

The 2nd defendant’s counsel also informed the court of his preliminary objection, which is to the effect that his client was not personally served.

However, the court checked its records and found out that his claim was misleading and false, and confirmed that the 2nd defendant was personally served the criminal summons.

The court also discovered that none of the defendants filed any process or documents or objections or defences in court regarding the case.

The matter was thereafter adjourned till March 31, 2026, for the police report of the investigation.

The criminal complaint was initiated by Badiru Oluwafemi, an NIS officer, who alleged that senior officials of the service and board obstructed justice, which the court gave him, regarding his long-running dispute with the organisation and unlawfully interfered with his legal rights to promotion.

Badiru’s ordeal, according to his testimony, began on July 30, 2019, while he was on duty at the Ikoyi Passport Office in Lagos.

He claims that a senior officer, Umar Mohammed, then a Superintendent of Immigration, instructed him to breach official protocol in his favour.

When he declined, citing ethical concerns and poor network availability, the senior officer allegedly became aggressive and assaulted him before passport applicants.

Badiru said the blow on his face rendered him unconscious and caused internal injuries.

He was reportedly rejected by many hospitals before the Military Hospital, Awolowo Road, Ikoyi, admitted him. He alleged that NIS abandoned him during the medical emergency and did not offer any support despite his condition.

According to Badiru, after securing a police medical form and returning to the office to inform his superiors of his referral to the Nigerian Army Reference Hospital, he was arrested, detained and issued a query for allegedly giving “official information” to the public because the incident was reported by The Guardian newspaper.

He further claimed that he was transferred from Lagos to Abuja, denied access to follow-up medical care and subjected to prolonged disciplinary measures.

Although the Senior Staff Disciplinary Committee eventually cleared him of wrongdoing, Umar (the alleged assailant) was pardoned, while Badiru’s promotions were suspended for years.

In Suit No. NICN/ABJ/136/2023, NICN ruled in Badiru’s favour, declaring that the disciplinary action taken against him by the NIS violated Public Service Rule 030302(13), which requires that disciplinary matters be concluded within 60 days, except where criminal elements are involved.

The court held that the NIS acted wrongfully and unlawfully and ordered it to promote Badiru to the rank of Chief Superintendent of Immigration, or to a higher rank equivalent to the one being held by his peers at the time the judgment of the court was delivered, within seven days after the court judgment, and permit him to sit for the subsequent promotion examinations, which was the 2024 promotion exercise.

Badiru sat for the 2024 promotional examination and passed. However, when it was time to issue him a promotion letter, Nandap wrote a letter to the CDCFIB, and recommended that Badiru’s 2024 promotion be withheld “until he withdraws all the court cases he instituted against Umar Nasir Mohammed and the NIS.

The criminal charges against the CG and the Board Secretary stem from allegations that the CG wrote to the Board, falsely claiming that Badiru had reached an out-of-court settlement with NIS and had agreed to withdraw all his ongoing cases. Based on this alleged misrepresentation, Badiru’s 2024 promotion result was reportedly withheld.

Badiru contends that the act of the CGIS constituted a deliberate act of obstruction of justice and a violation of his constitutionally guaranteed right of access to the courts. Citing Section 126(1) of the Criminal Code Act 2004 and Sections 88 and 90 of the Administration of Criminal Justice Act, he filed a direct criminal complaint before NICN.

Upon reviewing the evidence, the court issued criminal summons compelling the CG and the Board Secretary to appear for trial.

Also, Justice Rakiya Haastrup of the NICN, Abuja, commenced the contempt proceedings against five principal staff of NIS and CDCFIB, for wilfully disobeying the judgment of the court delivered on December 11, 2023.

The defendants are Nandap, ACG AbdulRaheed, Janet Awanem (Director, Legal Services (NIS), Maj.-Gen. Abdulmalik Jibrin (rtd) and Yahaya Adaramola.

The proceeding was adjourned till December 17, 2025, upon the application by the first and second defendants to allow them to comply with the judgment of the court. (The Guardian)

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