Court strikes out IGP’s suit challenging Senate’s power

The Abuja Division of the Federal High Court, on Tuesday, struck out a suit filed by the Inspector General of Police (IGP), Ibrahim Idris, challenging the powers of the Senate insisting on his personal appearance before it.

The IGP had, in a suit marked FHC/ABJ/ CS/ 457/2018, maintained his failure to appear before the Senate in person was in line with the provision of the constitution.

Idris argued that he was permitted under the 1999 Constitution, as amended, and the Police Act, to delegate a Deputy Inspector General of Police to appear before the Senate on his behalf.

The IGP, in his suit, challenged Senate’s insistence that he must personally appear before it with regards to the showdown between the Nigerian Police Force and Senator Dino Melaye who is representing Kogi West at the Senate.

The Senate had in April 25 and 26 issued two separate letters inviting the IGP to appear and brief it over the allegation of maltreatment of Senator Melaye by the officers of the police force.

But the IGP failed to appear in person at the Senate on both occasions in spite of the lawmakers’ insistence, rather he sent a senior ranking officer within the force to represent him.

Also, the IGP filed a suit against the Senate and its President, Dr. Bukola Saraki at the high court, seeking for an order to restrain both parties for insisting that he must appear in person to the exclusion of any of his subordinate officers.

The IGP, in his 11-paragraphed affidavit, noted that he accompanied President Muhammadu Buhari on an official assignment when the Senate issued the first invitation.

“That as a result of the above development, he then directed and delegated the Deputy Inspector General of Police, Operations, an Assistant Inspector General of Police and the Commissioner of Police, Kogi State, who had adequate knowledge of the two subject matters which the Senate required briefing, to appear before the Senate on April 26, 2018 on his behalf.

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“Whether the letters dated April 25 and 26, 2018 by the 1st and 2nd defendants (Senate and Senate President) to the plaintiff to appear before it on 26th April, 2018 and 2nd May, 2018 or any other date do not relate to the office of the plaintiff by virtue of section 215 (1) (a) of the constitution of the Federal Republic of Nigeria, 1999,” the IGP stated.

In his ruling on the matter, Justice John Tsoho struck out the suit, noting that it was an abuse of court process.
According to Tsoho, the IGP could not show a reasonable reason why he could not appear in person at the Senate at the second invitation dated April 26.

“I did not see any harm that would have been caused if the IGP honoured the Senate’s invitation. I uphold the defendant’s argument that the plaintiff’s suit is intended to prevent the exercise of Senate’s legitimate responsibility and therefore amounts to an abuse of court process.

“I hold that the Plaintiff should have appeared before the Senate to brief it on the action of the Police in a matter before a court.

“The plaintiff ought to have briefed the Senate instead of running to the court to stop the Senate from investigating him. The action amounts to an abuse of court process and it is hereby struck out,” the court held.

 

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