The
Inspector-General of Police, Mr. Ibrahim Idris, on Thursday, filed a suit
before the High Court of the Federal Capital Territory in Abuja, seeking an
order restraining the
Senate and Senate President Bukola Saraki from going
ahead with their plan to investigate allegations of malpractices against him.
The
lawmaker, representing Bauchi Central Senatorial District, Isah Misau, of the
All Progressives Congress, had alleged, among others, that the IG collected
about N10bn monthly from some firms and highly-placed Nigerians for giving them
security cover.
Misau, a
former police officer before being elected to the Senate, also accused Idris of
granting fraudulent promotions to undeserving police operatives.
Misau, who
is the Chairman, Senate Committee on Navy, had, on August 25 accused Idris of
extorting money, ranging from N10m to N15m, from Commissioners of Police, State
Mobile Commanders and Special Protection Units Commanders, for favourable
postings.
He had
argued that the level of corruption being perpetrated by Idris was so alarming
and capable of undermining the anti-corruption stance of President Muhammadu
Buhari.
The IG had
denied these allegations while the Force Headquarters had accused Misau of
leaving the force with forged retirement papers.
Idris had
alleged that Misau was a deserter.
In his
fundamental rights enforcement suit marked FCT/HC/CV/3158/17, the IG asked the
court to declare both the Senate committee, set up to probe the allegations and
the conduct of the committee as unconstitutional, null and void.
He also
wants the court to make an order restraining the committee from inviting him,
sitting, conducting any hearing on the allegation, discussing or making any
report in respect of the planned investigation pending the determination of his
suit.
Saraki had
mandated the Senate Committee on Ethics, Privileges and Public Petitions to
investigate the circumstances surrounding Misau’s disengagement from the
Nigeria Police.
Through his
team of lawyers, led by Charles Ogolu, Idris contended that the Senate
President, without regard to relevant constitutional requirements in respect of
the role of the Senate in investigations of allegations, set up the committee
“in reaction to “these frivolous allegations” by Misau.
As part of
his grounds of the suit, the IG states, “The applicant is a law-abiding citizen
and has fundamental right to dignity of person under Section 34 of the
Constitution of the Federal Republic of Nigeria (1999) (as amended), and
Article 5 of the African Charter on Human and Peoples Rights (Ratification and
Enforcement) Act.
“The
applicant occupies a hallowed office as the Inspector-General of Police in
Nigeria and is thus in charge of all police officers in Nigeria.
“One Senator
Isa Misau, a member of the 2nd respondent (Senate), while raising a matter of
urgent national importance, had sometime between September and October 2017,
alleged that the applicant instituted roadblocks across Nigeria with the
purpose of extorting money from unsuspecting motorists.
“The said
Senator, while commenting on his motion, equally alleged that the applicant
collects illegal fees by way of security protection given to corporate
organisations, eminent citizens and oil companies running into billions of
naira.
“The said
Senator equally rained a personal attack on the person of the applicant that
the applicant is having unwholesome relationship with the female officers in
the force.
“Without the
1st respondent (Saraki), having regard to the relevant constitutional
requirements in respect of the 2nd respondent’s role in investigations of allegations,
he, in reaction to these frivolous allegations, quickly constituted a committee
consisting members of the 2nd Respondent to look into the matter.”
The IGP
contended that “the act of the first respondent (Saraki) in constituting the
committee is ultra vires, unconstitutional, null and void.”
He added,
“The said committee so constituted is acting ultra vires, unconstitutional,
null and void.”
The Senate
President had named the Deputy Chief Whip, Senator Francis Alimikhena, as
Chairman of the panel; and senators Joshua Lidani, Binta Masi Garba, Duro
Faseyi, Nelson Effiong, Obinna Ogba, Abdul-Azeez Murtala-Nyako and Suleiman
Hunkuyi as members.
But the
Federal Government had, on Tuesday, through the Office of the Attorney General
of the Federation and Minister of Justice, filed two separate sets of charges
against Misau, accusing the Senator in one set of spreading injurious falsehood
against the IG.
Faulting the
constitutionality of the committee set up by the Senate to investigate him, the
IGP is therefore seeking, “A declaration that the committee set up by the
Senate of the Federal Republic of Nigeria to investigate the allegations
against Mr. Ibrahim Idris is unconstitutional, null and void.
“A
declaration that the sitting and other conduct of such constituted committee to
investigate the allegations against Mr. Idris are unconstitutional, null and
void.
“An order
restraining the Senate Committee howsoever designated from sitting, inviting
Mr. Ibrahim Idris, hearing or taking a decision, against the current
Inspector-General of Police, pending the determination of this suit.
“An order
restraining the President of the Senate and the entire Senate from receiving
and discussing any report submitted to it by the committee set up to
investigate the allegation against Mr. Ibrahim Idris pending the determination
of this suit.”
IG, Misau’s
foreign trips frustrate Senate probe
Meanwhile,
the Senate Committee on Ethics, Privileges and Public Petitions, which is
investigating alleged corruption and misconduct against the IG, explained why
it had delayed invitations to Idris and Misau, the IG’s accuser.
The Chairman
of the Committee, Senator Sam Anyanwu, told The PUNCH on Thursday that the
panel had yet to start working as both Misau and Idris had not been around to
answer its invitations.
“We
understand that the IG is out of the country and, of course, Senator Misau is
also on his way out of the country for the IPU. We cannot take off without both
parties,” Anyanwu told one of our correspondents.
It was,
however, learnt on Thursday that the police boss, who was at the VII Congress
on the Fight Against Kidnapping and Extortion in Cartagena, Colombia, was back
in the country.
Anyanwu had
exclusively told The PUNCH, on Wednesday, that the committee would continue
with the probe of the police chief since neither the panel nor the Senate was
joined in the suit filed by the AGF against Misau.
When Anyanwu
was asked through a text message if his committee would go ahead with the
investigation, as the AGF had filed a suit against Misau, he replied, “The
committee or the Senate is not a party to the suit.”
Meanwhile,
Misau has declined to comment on the charges filed against him by the Federal
Government through the Office of the AGF.
The lawmaker
neither returned calls to his two mobile lines nor replied to a message sent to
him.
When
contacted at his office, his legislative aide, who confirmed that the lawmaker
was in, said his boss was “busy.”
The aide,
after listening to one of our correspondents’ enquiries, went into Misau’s
office and came out to say his boss insisted that he would not talk to the
press.
Chairman of
the Senate Committee on Media and Public Affairs, Senator Aliyu Sabi Abdullahi,
who was asked for the chamber’s reaction to the suit filed by the Federal
Government, said, “No comment.”
A member of
the Senate, who declined to be named, however referred our correspondent to Orders
41(7) and 53(5) of the Senate Standing Rules, where it is stated that a matter
that is pending in a court could not be treated in the chamber, while the
lawmakers will continue with a case pending in the chamber before the case is
taken to court.
“The truth
of the matter is that we started the case first and whatever happens in the
court does not concern the Senate. We are not a party to the case. Besides, if
we have to stop work on every matter because it is before a court, it means an
arm of government will be gagged,” the source said.
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