Federal High Court sitting in Abuja, on Tuesday, struck out a suit by Inspector General of Police, Mr. Ibrahim Idris, filed to challenge the powers of the Senate from inviting him for a legislative hearing.
IGP Idris filed after two successive invitations by the Senate, saw his suit ruled out by Justice John Tsoho who said his excuse for not honouring the Senate’s invitation was not tenable.
The Judge who agreed with the Senate and its President, Dr. Bukola Saraki, who were the two defendants, that the suit was only aimed at preventing the Senate from carrying out its legitimate and constitutional responsibility, said the suit amounted to an abuse of court process.
The judge also withdrew from the IG’s second suit in which he sought an order quashing the May 9, 2018 resolution of the Senate declaring him “an enemy of democracy and unfit to hold any public office within and outside Nigeria”.
However, the judge sent the case file back to the Chief Judge of the Federal High Court, Justice Adamu Abdu-Kafarati, re-assignment to another judge.
The IGP had in his suit marked FHC/ABJ/ CS/ 457/2018, argued that he was permitted under the 1999 Constitution, as amended, and the Police Act, to delegate a Deputy Inspector General of Police to appear before the Senate on his behalf.
The Senate had in two separate letters dated April 25 and 26, summoned the IGP to appear and brief it on circumstances that surrounded alleged inhumane treatment that Senator Melaye suffered in the hands of police officers. However, the IGP, failed to appear on both dates, even though he sent a delegate to represent him, an action that was condemned by the lawmakers who insisted he must appear personally
However IGP refused to appear before the Senate but delegated the Deputy Inspector General of Police (Operations) and Commissioner of Police, Kogi State, to represent him at the Senate. His two representatives were not granted audience by the Senate, as they insisted that the IG must personally appear for the legislative hearing.
In a counter move, the IGP dragged both the Senate and its President, Dr. Bukola Saraki before the high court, and sought for an order to restrain them, their assigns, agents or any committees from insisting that he must appear in person, to the exclusion of any of his subordinate officers.