*Adjourns To Feb. 24 For Hearing
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The Federal High Court sitting at Abuja has refused the Ex-parte application filed by Mr. Maxwell Opara, a Human Right Activist, seeking to restrain the embattled Inspector General of Police, Adamu Mohammed from parading himself as the legitimate and lawful occupant of the office having served out his constitutional thirty-five [35] years in service.
In a ruling delivered today, the 16th of February, 2021, the court reasoned that since other parties to the suit are still within time to respond to the originating summons, there wasn’t any need to grant the application. The court however adjourned the matter to the 24th of February, 2021 for hearing of the motion for the abridgment of time to hear the substantive matter.
Recall that TheNigeriaLawyer had earlier report that an Abuja based legal practitioner, Maxwell Opara had earlier dragged the embattled IGP, as well as General Muhammadu Buhari amongst other before the Federal High Court, Abuja, via an originating summons, challenging the extension of Adamu Mohammed Retired’s tenure as Inspector General of Police in suit number FHC/ABJ/CS/106/2021.
Opara, is amongst other things seeking an order of court restraining Adamu from exercising any form of command or control over the Nigeria Police Force. He is equally seeking an order of court mandating President Buhari and the Police Council to immediately appoint a new Inspector-General of Police in line with the provisions of section 7, of the Nigeria Police Act.
Similarly, he is seeking a declaration that by the combined effect of the provisions of section 215 and 216 of the 1999 constitution and section 7 of the Nigeria Police Act, 2020, the 2nd defendant (Adamu) cannot lawfully continue to function as the Inspector-General of Police not being a serving member of the Nigeria Police Force as from midnight of February 1, 2021, and therefore all actions taking thereafter are illegal, null and void and constitute a breach of the constitution and the Police Act.
As well as, ‘A declaration that the failure of the 1st (Buhari) and the 4th (Police Council) defendants to appoint an Inspector-General of Police as at February 1, 2021, constitutes an abdication of their duties under section 215 of the 1999 constitution and section 7 of the Police Act.’
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