Nigeria Police Force have filed a suit at the Federal High Court in Abuja seeking an order to stop judicial panels of inquiry set up by state governors from probing allegations of humans rights abuses and brutality of disbanded Special Anti-Robbery Squad and other police tactical units.
In fulfilment of one of the demands of #EndSARS protesters, state governors were directed by the National Economic Council (NEC) to establish the judicial panels across the country in a move to deliver justice for all victims of SARS and other units within the force.
However, police force have now expressed opposition against the activities of the panel in its suit marked FHC/ ABJ/CS/1492/2020 and filed by O.M Atoyebi, NPF’s lawyer.
It argued that the establishment of panels of inquiry by the state governors to investigate the activities of the force violates “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 plaintiff urged the court to restrain the Attorneys-General of the 36 states of the federation and their various panels of enquiry from going ahead with the probe focussing on police impunity.
The defendants, totalling 104, who were sued by NPF, comprised Attorney-General of the Federation (AGF), the National Human Rights Commission (NHRC), the Attorneys-General of the states, and chairmen of the states’ panels.
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Police stated that state governments lacked the power to constitute the panels to investigate activities of the police force and its officials in the conduct of their statutory duties.
The force said the action of the governors “is unconstitutional, illegal, null and void and of no effect whatsoever”.
It further argued that by virtue of the provisions of 241(1)(2)(a) and Item 45, Part 1, First Schedule to the Nigerian Constitution only the Federal Government had exclusive power to “organise, control and administer the Nigeria Police Force”.
It, therefore, urged to, among others, declare that;
The establishment of a panel of enquiries 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 plaintiff also urged the court to declare 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.
It sought an order of perpetual injunction restraining the 3rd to 38th defendants (the state 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.
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