Godwin Tsa, Abuja
The Inspector-General of Police (IGP), Mr Ibrahim Idris, has approached a Federal High Court to quash the resolution of the Nigerian Senate declaring him unfit to hold public office.
Justice John Tsoho sitting in Abuja has already granted him leave to proceed with the legal case.
In suit no: FHC/ABJ/CS/ 554/2018, filed by his counsel, Dr. Alex Izinyon, the head of police urged the court to declare that the Senate acted beyond their powers, under section 88 and 89 of the 1999 constitution.
Idris listed the President of the Senate and the Senate of the Federal Republic of Nigeria as respondents.
The motion is predicated on 18 grounds and an 18-paragraphs affidavit, deposed to by the Inspector General of Police, Ibrahim Kopotum Idris.
He is asking, among other things, that “a declaration that the respondents acted “ultra vires” in their powers under Section 88 and 89 of the 1999 Constitution.
“In the votes and proceedings leading to the resolution contained in the gazette dated May 9 imposing a penal sanction on the IGP.
“A declaration that the respondents acted ultra vires its powers under the 1999 Constitution in initiating the votes and proceedings leading to the resolution declaring the IGP an enemy of democracy and unfit to hold any public office within and outside Nigeria.
“An order of court, quashing the same entire votes and proceedings and consequent resolution of the senate declaring the IGP an enemy of democracy and unfit to hold office any public office within and outside Nigeria.”
In addition, the applicant wants an order of court quashing the report of the ad hoc committee investigating the various allegations leveled against him that led to the said resolution in the gazette.
Idris further wants the court to grant an order of perpetual injunction restraining the respondents from acting on the said resolution contained in the gazette or causing same to be acted upon by any person or authority.
Izinyon said that his client was seeking the reliefs on the grounds that, as the current holder of the office created by the constitution, he either could carry out the functions of the office by himself or through delegated officers.
“It is practically impossible for the IGP to be in all places at the same time and to answer to all summons at all times and this brought about the need of using subordinate officers when the need arises.
“The IGP could not appear before the Senate on April 26 because he was directed by the President to be among the presidential entourage embarking on a two-day official trip to Bauchi.
“As a result of the above, the IGP directed and delegated the Deputy Inspector-General of Police, Operations, and other officers who had adequate knowledge of the subject matter to appear before the Senate.
“The respondents refused to listen to and discountenanced the appearance of the subordinate and insisted that the IGP must appear in person,” the suit said.
Izinyon also said that the reliefs were sought on the grounds that the respondents lacked the competence or jurisdiction to impose penal sanctions on the IGP under Section 88 and 89 of the constitution.
He finally said that the reliefs were sought on the grounds that the court had the supervisory powers to quash the said resolution contained in the gazette date May 9.
Justice Tsoho ordered that the processes be served on the respondents through the Clerk of the National Assembly and adjourned the matter until June 27, to hear the application on notice.