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Court rejects IGP’s motion to stop Senate probe

 
A High Court of the Federal Capital Territory, on Wednesday, rejected a motion ex-parte the Inspector General of Police, Mr. Ibrahim Idris filed to stop the Senate from probing corruption allegations against him.


The IGP had in the application he filed through his lawyer, Dr. Alex Iziyon, SAN, prayed the court to stop the Senate from going ahead with its plan to probe allegations that were raised against him by Senator Isah Misau who is representing Bauchi Central Senatorial District, pending the determination of a suit he earlier entered before the court.

Ibrahim Idris, IGP Cited as respondents in the suit were the Senate President, Dr. Bukola Saraki, the Senate itself, Senator Misau, Senator Francis Alimikhena, Senator Binta Garba, Senator Suleiman Hunkuyi, Senator Duro Samuel, Senator Ogba Obinna, Senator Nelson Effiong and Senator Abdulaziz Nyako. However, instead of granting the ex-parte order, in his ruling, Justice A.B Mohammed ordered ‎the IGP to go and put all the respondents on notice.

The court granted the IGP leave to furnish the relevant court processes to the reapondents via substituted means to enable them to appear before the court to show cause why the interim injunction sought by the applicant in the motion No. M/222/17, should not be granted.

The matter was subsequently adjourned till November 16. It will be recalled that the IGP had in his suit marked CV/3/58/17, prayed the court to declare as unconstitutional, null and void, the committee that was set up by the Senate to investigate Misua’s allegation that he collects illegal fees by way of security protections given to corporate organizations, eminent citizens and oil companies, running into billions of Naira.

He equally prayed the court to restrain the Senate from investigating allegation that he had sexual relationship with female officers in the force.

Discribing the allegations as “frivolous”, the IGP, wants the court to restrain the Senate President and the entire Senate from receiving and discussing any report submitted to it by the investigative committee.

Specifically, the plaintiff prayed the court for “An order restraining the Senate Committee, howsoever designated, from seating, inviting Mr. Ibrahim Idris or taking a decision against the current IGP, pending the determination of this suit.

Likewise, “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 allegations against Mr. Ibrahim Idris, pending determination of this suit.

The IGP told the court that he is a law abiding citizen and has fundamental right to dignity of person under section 34 of the 1999 constitution, as amended, and Article 5 of the African Charter on Human & Peoples Right (Ratification & Enforcement) Act. “The applicant occupies a hallowed office of the Inspector General of Police of Nigeria and is thus in charge of all Police officers in Nigeria. “That one Senator Isa Misua, a member of the 2nd Respondent, while raising matter of urgent national importance, had sometimes between September and October 2017, alleged that the applicant instituted roadblocks accross Nigeria with the purpose of extorting money from unsuspecting motorists. “The said Senator, while commenting on his motion equally alleged that the Applicant equally collects illegal fees by way of security protections given to corporate organizations, eminent citizens and oil companies running into about N120billion. “The said Senator equally rained a personal attack on the person of the Applicant that the Applicant is having unwholsome relationship with the female officers in the force”, the IGP told the court.

He said without the Senate President, Saraki who was sued as the 1st Respondent, having regard to relevant constitutional requirements in respect of the 2nd Respondent (Senate), role in investigations of allegations, he quickly constituted a committee to look into “these frivolous allegations”. The IGP maintained that the act of the 1st Respondent in constituting the committee was ultra vires, unconstitutional, null and void.

The Federal Government had through the Office of the Attorney General of the Federation and Minister of Justice, docked Sentor Misau on two separate sets of charges. One of charges marked FCT/HC/CR/345/2017, was a direct fallout of the allegations Misau who himself is a retired Deputy Superintendent of Police, raised against the IGP. He was in the five-count charges, accused of making “injurious falsehood” against the IGP and the Nigeria Police Force.

FG listed some of the injurious falsehood to include allegations that police officers paid as much as N2.5million to get special promotion and posting through the Police Service Commission. Misau was also charged for alleging that the police boss diverted money meant for the purchase of Armoured Personnel Carriers, Sport Utility Vehicles and other exotic cars.

He was said to have falsely accused the IGP of making almost half of the mobile commanders in the country the people of his Nupe extraction.

The AGF maintained that the federal lawmaker had by his action, committed offences contrary to Section 393(1) of the Penal Code. In the second 10-count charge marked FHC/ABJ/CR/170/2017, FG alleged that Misau falsely declared his age in affidavits he deposed to at FCT High Court and the Bauchi State Health Management Board Birth Certificate. He was said to have submitted the false documents to the Independent National Electoral Commission in 2011 and 2014.

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