Court Orders Police Probe as Immigration CG, CDCFIB Secretary Miss Arraignment

The National Industrial Court of Nigeria (NICN) in Abuja has adjourned the arraignment of the Comptroller-General of the Nigeria Immigration Service (NIS), Kemi Nandap, and the Secretary of the Civil Defence, Correctional, Fire and Immigration Services Board (CDCFIB), Maj-Gen Abdulmalik Jibrin (rtd), to March 31, 2026. Justice Sinmisola Adeniyi postponed the matter to allow the police to conduct a formal investigation into the allegations before the court.

The two senior officials are facing a two-count charge bordering on conspiracy and obstruction of justice. Both were scheduled for arraignment on Monday, but their absence prompted the court to review the procedure. Justice Adeniyi held that an investigative report must be submitted before the defendants can be formally arraigned.

Earlier, prosecuting counsel A.M. Aduku informed the court that both defendants had been personally served with criminal summons. However, the judge insisted that the investigative step must come first. The prosecution objected, but the court overruled the objection and directed the police to investigate and report back next March.

Counsel to the second defendant raised a preliminary objection claiming his client was not served personally. The court dismissed the claim after reviewing its records and confirming that service was properly executed. The judge also noted that neither defendant had filed any defence documents, processes, or objections in court.

The case stems from a direct criminal complaint filed by NIS officer Badiru Oluwafemi, who accused senior officials of interfering with his long-running dispute with the service, obstructing justice, and violating his rights to fair treatment and promotion.

Badiru’s ordeal dates back to July 30, 2019, when he was allegedly assaulted by a senior colleague at the Ikoyi Passport Office after refusing to breach official protocol. The incident, which left him unconscious, led to a series of disciplinary actions he insists were unjust, including his transfer to Abuja, denial of medical follow-up, and punitive measures triggered by media reports of the assault.

Although the Senior Staff Disciplinary Committee later cleared him of wrongdoing, Badiru’s promotions were halted, while the officer accused of assault was pardoned. In 2023, the NICN ruled in his favour, declaring NIS actions unlawful and ordering his immediate promotion and inclusion in subsequent promotion exams.

Badiru passed the 2024 promotion examination, but when it was time to issue his promotion letter, CG Nandap reportedly wrote to CDCFIB recommending that the promotion be withheld until Badiru withdrew all his court cases against the service. Badiru argues this constituted a deliberate attempt to obstruct justice.

The criminal charges against the CG and the Board Secretary arose after the court found evidence suggesting they falsely claimed Badiru had reached an out-of-court settlement—an assertion that allegedly led to the withholding of his promotion.

In a related development, Justice Rakiya Haastrup of the NICN has also commenced contempt proceedings against five senior officials of the NIS and the CDCFIB for allegedly refusing to comply with a court judgment delivered on December 11, 2023. The matter was adjourned to December 17, 2025, following a request by the first and second defendants for time to comply with the ruling.

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