Lagos-based legal practitioner, Ademola Odusote, has sued the Inspector-General of Police, IGP, Ibrahim Idris, Nigeria Police Force, NPF, and the Attorney-General of the Federation, AGF, over what he described as their continuous and flagrant disobedience of valid court
The suit marked FHC/ABJ/CS/1157/17 and filed on his behalf by John Obor Esq and Tersagh Unande was brought pursuant to Order 3 rules 6 and 9 of the Federal High Court Civil Procedure Rules 2009.
The plaintiff, while stating that such flagrant disobedience of court judgements by government agents is injurious to Nigeria’s democracy, is praying the court for an order
directing the AGF to advise the president to remove Idris as the IGP over his refusal to enforce court judgements, particularly the recent one delivered against the police by
Justice Gabriel Kolawole of the Abuja division of the Federal High Court.
He posed five questions for the court to determine. Among whom are;
“Whether by the true interpretation of Section 287(3) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) the first (IGP), second (Ibrahim Idris) and third (Police) defendants respectively are not under absolute legal obligation to obey and enforce court judgements in any part of Nigeria.
Whether considering the continuous and flagrant disobedience of court judgements by the first, second and third defendants, the second defendant is still a fit and proper person to remain in office as the IGP and chief law enforcement officer of the federation.
“An order directing the fourth defendant being the chief law officer of the federation to advise the president to remove the second defendant from office as the IGP on the grounds that he is in continuous breach of the provisions of Section 287 (3) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), thereby posing immense threat to the sustenance of our democracy.
“A declaration that by a true interpretation of Section 287 (3) of the 1999 constitution of the Federal Republic of Nigeria (as amended) the action of the first, second and third defendants by continuously and flagrantly disobeying and refusing to enforce court judgements, particularly the judgment delivered on November 9 by Justice Gabriel Kolawole in suit No:
FHC/ABJ/CS/176/2017 between the Incorporated Trustees of Peace Corps of Nigeria & 49 others Vs Nigeria Police Force and five others is tantamount to circumventing the law, as well as undermining due administration of justice, independence, authority and powers of the judiciary.
The case is yet to be assigned to a judge. (Nigerian Pilot