Nigeria Police authorities have approached a Federal High Court in Abuja, seeking among others, an order restraining the Attorneys-General of the 36 states and the panels of inquiry they constituted, from proceedings with their investigation of the activities of the police and their officials.
The panels are probing allegations of rights abuses and other acts of impunity against police officials, particularly operatives of the disbanded Special Anti-Robbery Squad (SARS).
State governments across the country set up panels to investigate alleged infractions by SARS operatives, following nationwide #EndSARS protests by youths.
This was one of the decisions reached by the federal and state governments in the process of resolving the protests. The panels have since been sitting in almost all the states.
The suit by the police is marked: FHC/ABJ/CS/1492/2020, and was on behalf of the NPF by its lawyer, O. M. Atoyebi (SAN).
The suit has 104 defendants, among whom are the Attorney-General of the Federation (AGF), National Human Rights Commission (NHRC), the attorneys-general of the states and chairmen of the panels set up by the states.
The plaintiff averred that the decision by governors to set up panels of inquiry to investigate activities of the Nigeria Police Force (NPF) and their officials in the conduct of their statutory duties was in violation of Section 241(1)(2)(a) and Item 45, Part 1, First Schedule to the Constitution and Section 21 of the Tribunals of Inquiry Act.
The Police argue that by the provisions of 241(1)(2)(a) and Item 45, Part 1, First Schedule to the Constitution the Federal Government of Nigeria has exclusive power to “organise, control and administer the Nigeria Police Force.”
The police are asking the court for a declaration that having regard to the provisions of Section a14 (1)(2) (a) and Item 45, Part 1, First Schedule, 1999 Constitution of the Federal Republic of Nigeria (as amended), the Federal Government of Nigeria has the exclusive power to organise, control and administer the Nigeria Police Force.
They are also asking for a declaration that the establishment of panel of inquiries by the Governors of the various states of the Federation of Nigeria, to inquire into the activities of the Nigeria Police Force in relation to the discharge of her statutory duties is a gross violation of the provisions of Section 241 (1)(2) (a) and Item 45, Part 1, First schedule, 1999 Constitution of the Federal Republic of Nigeria (as amended) and Section 21 of the tribunals of inquiry Act, Cap.T21, Laws of the Federation of Nigeria, 2004.
The police also want a declaration that having regard to the circumstances of this case, the attitude of the governors of the various states of the Federation of Nigeria in this case is unconstitutional, illegal, null and void and of no effect whatsoever.
They also prayed for an order of perpetual injunction restraining the 3rd to 38th defendants (the attorneys-general of the 36 states) from making or conducting any investigations, sittings and inquiries and/or from making or conducting any further investigations, sittings and inquiries in respect of matters affecting the Nigeria Police Force, and or further setting up any panel of inquiry in any state whatsoever in the country.
Although the case was listed on the case list for Wednesday, it ould not be heard because the court did not sit. It was rescheduled for December 18.
