The National Industrial Court sitting in Abuja has granted Adeyemi Badiru leave to commence contempt proceedings against the Comptroller-General of the Nigeria Immigration Service (NIS) Kemi Nandap, and six others over alleged failure to comply with a 2023 judgment.
The court’s decision followed allegations by Badiru that the officials failed to implement orders nullifying disciplinary proceedings against him and directing the Nigeria Immigration Service to allow him participate in the next promotion examination for an appropriate or higher rank.
The court had, in its December 11, 2023 judgment in suit NICN/ABJ/136/2023, declared the disciplinary procedure initiated against Badiru by the NIS and four others wrongful, unlawful, illegal, null and void, and consequently set aside the purported proceedings.
It also ordered the NIS and the other respondents to allow Badiru to participate in the next promotion examination for the appropriate rank or a higher rank commensurate with that of his contemporaries.
However, following an ex-parte motion filed by Badiru on September 1, 2026, he alleged that the respondents had deliberately failed to comply with the orders contained in the judgment.
According to the applicant, his name remained on the disciplinary list despite the court’s decision, while he was also not restored to his duty post.
He alleged that he was excluded from the 2026 promotion examination conducted between June 29 and July 3, 2026, contrary to the court’s earlier directive.
Badiru’s counsel, Tersur Kwanga, also told the court that the alleged continued non-compliance had affected his client’s career progression, leaving him on Grade Level 11, while some of his contemporaries had progressed to Grade Level 13.
In his ruling on Wednesday, Justice Buhari Sani held that Badiru had placed sufficient materials before the court to establish a prima facie case of disobedience of the earlier judgment.
The judge considered several documents presented by the applicant, including a certified true copy of the 2023 judgment, the circular inviting eligible officers to participate in the 2026 promotion examination and the promotion eligibility list, which Badiru alleged excluded his name.
Justice Sani, however, stressed that granting leave to commence contempt proceedings does not amount to a finding that the named officers are guilty of contempt.
The judge explained that the leave was only a procedural step permitting Badiru to bring the substantive contempt application, after which the respondents would have an opportunity to respond to the allegations and defend themselves.
The court consequently granted Badiru leave to commence contempt proceedings against Nandap; the Secretary to the Civil Defence, Correctional, Fire and Immigration Services Board, Major General Abdulmalik Jibrin (rtd.); Kennedy Uduojie; S. U. Agba; O. C. Uche; Ilori Oluwatobiloba; and Tunde Oduyiga.
Justice Sani directed Badiru to file and serve the substantive contempt application on the seven respondents within seven days of the ruling.
The matter was thereafter adjourned until September 23, 2026, for a report on compliance or further proceedings.