Senator Isah Misau
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, according to Punch.Senator Isah Misau, representing Bauchi Central Senatorial
District, 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.”
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