A Lagos based constitutional lawyer and human rights activist, Barrister Debo Adeleke has dragged the Senate President, Senator Bukola Saraki and two others to the Federal High Court, Abuja, praying for a declaration that they lack the jurisdiction and vires to declare “the Inspector General of Police (Ibrahim Idris) a persona non grata and unfit to hold public office within and outside Nigeria and an enemy of democracy”. Joined in the suit, which is yet to be assigned to a judge are Deputy Senate President, Senator Ike Ekweremadu and the Senate of National Assembly. According to the suit No. ABJ/CS/566/2018, Adeleke also wants the pronouncement of the court that the Senate’s invitation of the IGP over arrest and arraignment of Senator Dino Melaye is subjudice and undue interference with Police constitutional power of investigation, arrest and arraignment of suspects. The applicant argues in the originating summons presented to court that even though the National Assembly lacks the requisites vires to summon the IGP, the latter was ably represented by the Deputy Inspector General of Police (DIGP) by virtue of Section 312 (1) of Police Act and regulation, a law made by National Assembly. In a 27-point affidavit in support of the motion, Adeleke who also has a law chambers in Abuja averred that he is instituting the matter in his capacity as a human rights lawyer who swore to defend and uphold the sanctity of the constitution of the Federal Republic of Nigeria. Adeleke specifically prays the court to spell out the constitutional limitations of the Senate to exercise its power to summon any person, including the Inspector General of Police as entrenched in Section 88 of the constitution. He argued that by the plethora decisions of the Supreme Court and the Court of Appeal and Section 88 (1) (2) of the construction the power of the National Assembly is limited to (1) making laws on a matter within its competence or correct any defects in existing laws. (2) expose corruption, inefficiency or waste in the execution of laws and in the disbursement of funds appropriated by it. Citing the leading judgment by Justice Nnaemeka Agu, in the case of SENATE OF NATIONAL ASSEMBLY V. MOMOH (1983) 4 NCLR, 269 at 295 para1- para 8, Adeleke further argues that “Any invitation by the House to any person outside the purposes defined by Section 82 (2) of the constitution is invalid. He also submitted that the conditions necessary for the Senate to summon the IGP were not met when it summoned him to appear before it within 24 hours. “We contend that it is tantamount to undue influence to summon the IGP for arresting and prosecuting a suspect it believed to have committed crimes. Not date is fixed yet.]]>
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Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
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