AGF Orders Immigration Service to Reinstate Officer as Court Warns of Contempt

The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), has directed the Comptroller-General of the Nigerian Immigration Service, Mrs Kemi Nanna-Nandap, to comply with a subsisting judgment of the National Industrial Court of Nigeria ordering the reinstatement of a former officer, Daniel Makolo.

Fagbemi’s directive followed a request by the NIS boss for legal guidance on the matter and is now part of fresh proceedings instituted by Makolo before the National Industrial Court of Nigeria in Abuja over alleged non-compliance with the court’s judgment delivered in January 2023.

In a letter dated September 18, 2025, the AGF advised the Immigration Service to obey the court’s ruling, warning of the consequences of disobedience.

The letter read, “Request for legal guidance – Re: Budget Office of the Federation: Between Daniel Dauda Makolo vs. Nigerian Immigration Service.

“The Honourable Attorney General of the Federation and Minister of Justice (HAGF/MJ) acknowledges receipt of your letter with Reference Number: NIS/HQ/LEG/292/24, dated 25th July 2025, on the above caption.

“You are by this letter advised to take steps to comply with the judgment of the National Industrial Court, since it was not appealed and therefore remains valid, subsisting, and enforceable. Compliance is necessary to forestall exposure to contempt proceedings and other legal consequences.

“Please accept the assurance of the warm regards of the Honourable Attorney General of the Federation and Minister of Justice.”

The NICN had, on January 24, 2023, in Suit No: NICN/ABJ/337/2020 between Makolo and the Interior Minister, NIS and four others, voided his dismissal and ordered his reinstatement without loss of rank.

Despite the judgment, Makolo, in a motion on notice filed on January 14, 2026, accused the authorities of refusing to comply, describing their actions as deliberate and contemptuous.

He is seeking an order compelling the Minister of Interior, Olubunmi Tunji-Ojo; the Secretary, Civil Defence, Correctional, Fire and Immigration Services Board, Maj Gen Abdulmalik Jibrin; the NIS Comptroller-General; the Head of Service of the Federation, Mrs Didi Walson-Jack; and the AGF to implement the court’s decision.

Makolo also prayed the court to order that failure to comply with the relevant orders contained in the judgment “shall attract coercive enforcement measures, including contempt proceedings.”

“The defendants/judgment debtors have failed, refused, or neglected to comply with the said judgment orders despite several and various interventions by many senior and responsible Federal Government agencies, such as the President, through the office of the Secretary to the Government of the Federation, and the Honourable Attorney General of the Federation and Minister for Justice.

“Their interventions were blatantly ignored without qualms. Each judgment order of the National Industrial Court of Nigeria is binding and enforceable independently.

“The NICN has express statutory and inherent powers to compel obedience to its orders. Courts of law do not make orders in vain. There is no stay of execution or appeal operating as a bar to the enforcement of the said court judgment.

“The defendants/judgment debtors’ refusal is deliberate, iniquitous, and contemptuous,” he stated.

Makolo’s ordeal, according to court documents obtained by our correspondent, began over 15 years ago, following disciplinary proceedings which allegedly exceeded the 60-day limit stipulated by the Public Service Rules.

According to him, he was neither formally queried nor properly investigated before his dismissal.

Although a clearance letter was reportedly issued in 2017 after the intervention of the Office of the National Security Adviser, Makolo alleged that the NIS and the board failed to restore his rank and entitlements.

In the fresh application, Makolo is also seeking payment of all outstanding salaries, allowances and emoluments from November 7, 2017, until his full reinstatement, as well as medical care and support.