THE National Industrial Court of Nigeria (NICN) 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, pending the outcome of a police investigation ordered by the court.
News Point Nigeria reports that Justice Sinmisola Adeniyi, presiding over Court 5 of the NICN in Abuja, issued the adjournment on Monday after ruling that the proper procedure required a police investigation report before the defendants could take their pleas.
Both officials are facing a two-count criminal complaint bordering on perversion of justice and conspiracy to commit a felony.
At the hearing, prosecuting counsel A.M. Aduku informed the court that the defendants had been personally served with criminal summons and that the matter was set for arraignment.
However, Justice Adeniyi noted she had earlier directed that the police conduct an investigation and submit findings before proceeding with the criminal trial.
The prosecutor objected, insisting that the arraignment could proceed as scheduled. But the judge overruled him and reiterated her directive for police investigation, fixing March 31, 2026 for the report.
A counsel representing the second defendant also raised an objection, claiming his client was not personally served. A check of the court’s records showed the claim to be false. The court noted that both defendants were indeed served, and no processes, objections, or defence documents had been filed by any of them.
The case stems from a direct criminal complaint filed by an NIS officer, Dr. Badiru Adeyemi Oluwafemi, who alleged that senior officials of the service obstructed justice and interfered with his career progression.
Badiru’s ordeal dates back to July 30, 2019, when he was on duty at the Ikoyi Passport Office in Lagos. According to his testimony, a senior officer, Umar Mohammed, then a Superintendent of Immigration, allegedly instructed him to break official protocol. When he declined, Mohammed reportedly assaulted him in full public view.
Badiru said he briefly lost consciousness from the blow and suffered internal injuries. After being rejected by several hospitals, he was eventually admitted at the Military Hospital, Awolowo Road, Ikoyi.
He further alleged that NIS failed to support him through the medical emergency. Upon returning to officially notify his command of his referral to the Nigerian Army Reference Hospital, he was arrested, issued a query, and accused of leaking official information—after The Guardian newspaper reported the attack.
He was later transferred from Lagos to Abuja, allegedly denied medical follow-up, and subjected to lengthy disciplinary measures. While the Senior Staff Disciplinary Committee cleared him, his promotions were withheld, whereas the senior officer accused of attacking him was reportedly pardoned.
In Suit NICN/ABJ/136/2023, the NICN ruled that NIS violated civil service disciplinary procedures, ordered his promotion, and directed the service to allow him participate in the 2024 promotion examinations. He passed the exam.
However, instead of issuing him a promotion letter, the NIS Comptroller-General, Kemi Nandap, allegedly wrote to the CDCFIB recommending that his promotion be withheld until he withdraws all his ongoing cases against NIS and the officer who assaulted him.
Badiru alleges that the letter sent by the CG to the Board falsely claimed that he had reached an out-of-court settlement and had agreed to withdraw all pending cases. Based on this alleged misrepresentation, his promotion was withheld.
He maintains that the action constitutes obstruction of justice and violates his constitutional right of access to the courts. His petition, filed under Section 126(1) of the Criminal Code Act and Sections 88 and 90 of the Administration of Criminal Justice Act, led to the court issuing criminal summons against Nandap and the Board Secretary.
In a related development, another judge of the NICN, Justice Rakiya Haastrup, has commenced contempt proceedings against five senior officials of NIS and CDCFIB for allegedly refusing to comply with the court’s earlier judgment delivered on December 11, 2023.
The officials listed in the contempt action include: CG Kemi Nandap, ACG AbdulRaheed, Janet Awanem (Director of Legal Services, NIS), Maj-Gen Abdulmalik Jibrin (rtd) and Yahaya Adaramola.
The contempt case was adjourned to December 17, 2025, after the defendants requested more time to comply with the court’s order.