*Seeks Court’s Orders That Action of IGP Amounts to Violation of Relevant Laws, And His Subsequent Removal

A Human Rights Lawyer, Maxwell Opara Esq, has sued the Inspector General of Police and 4 others, over the alleged defamation of the people of Mbaise community through a press statement made on the 22nd of September on the 1st defendant’s Twitter handle. 

The claimants who were seeking Court’s Orders that the action of the IGP amounted to gross misconduct and hence a violation of relevant laws, punishable and condemnable. 

He alleged that the 1st defendant defamed their persons after describing falsely a suspect, Prof. Zainab to be of Mbaise origin.

Other defendants in the suit are Nigerian Police Force, President of Federal Republic of Nigeria, Attorney General of Federation and Minister of Justice, and Nigerian Police Council 

The case which was brought before the High Court of FCT, Abuja under suit no: CN/3312/2022, was instituted via a writ of summons wherein Maxwell Opara Esq (Suing for himself and on behalf of other members of Concerned Mbaise Indigenes Worldwide) sought several declarations of the Court that when the 1st and 2nd defendants published a press statement titled; “Grievous Assault on Woman Police: IGP Condemns Act, Orders Express Prosecution of Case” vide the 2nd Defendant’s official and verified Twitter handle on the 22nd September, 2022, the Defendants described a suspect, Prof. Zainab Duke Abiola, as “an Mbaise born Professor/activist”, albeit same being untrue, amounted to defamation against the Claimants, a gross misconduct and accordingly wrongful, unjustifiable and condemnable and a violation of the police Act. 

The claimant also sought the Court to compel the 3rd and 4th Defendants to exercise their powers under the Police Act and the 1999 Constitution of the federal Republic of Nigeria (as amended) to immediately remove the 1st Defendant from office for gross misconduct and violation of the constitution in line with Police Act.

The writ of summons was accompanied by the Claimant’s statement of fact, a 31-paragraph affidavit, wherein in the  claimant alleged that, “the 2nd Defendant on his Twitter handle, made  defamatory press statement on 22nd September, 2022 wherein he described a suspect, Prof. Zainab Duke Abiola, as “an Mbaise born Professor/activist” and that Twitter handle was at the said material time being followed by over 2 Million Nigerians; both citizens in Nigeria and in diaspora.

“The said Nigerians saw and read the said press statement wherein the Claimant and other Mbaise illustrious sons and daughters were defamed for doing nothing whatsoever.”

The claimant went on to state that it had never been the practice of the Nigeria Police Force, the 2nd Defendant, to name and shame any suspect arrested for any crimes whatsoever by stating in their press release the place of origin of the suspect.

The Claimants further avers that there is no provision of any law that is currently in force that empowers the 1st and 2nd Defendants to mention the place of origin of a suspect in any press statement informing the public of their arrest.

Furthermore, the claimant stated that they he had carefully investigated and ascertained that the suspect, Prof. Zainab Duke Abiola, is neither from Mbaise nor married to Mbaise. 

Opara, also asserts that the 2nd Defendant merely profiled the suspect to Mbaise in a bid to defame the Mbaise people, and this action led to the damage of his reputation and that of the members of Mbaise community.

TheNigeriaLawyer reported that Maxwell Opara Esq had issued a preaction notice to the IGP, demanding that he apologize publicly for the false description of the suspect which led to the defamation of the Mbaise community, and for his resignation having violated relevant laws and failed in his duty, giving him an ultimatum of 1 week from the day he received his letter. 

Opara Esq, had stated in the preaction notice, that should the IGP fail to heed to the demands after the expiration of the ultimatum, he would proceed to take legal action against him. 

It would seem this suit is consequent of the failure of the IGP to heed to the demands contained in the preaction notice.

As at the time this report was made, no date had been fixed for hearing the case.

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