The
spokesperson of Afenifere Renewal Group, Yinka Odumakin, and human rights
activist, Mr Ebun-Olu Adegboruwa, have filed an action before the Federal High
Court, Lagos, seeking to stop the proposed recruitment of ten thousand
personnel into the Nigeria Police through local government quota.
In
the Suit numbered FHC/L/CS/1602/2016, the Nigeria Police Force, the
Inspector-General of Police, the Nigerian Police Council, the National
Assembly, the Senate and the House of Representatives, the Minister of Police
Affairs and the Attorney-General of the Federation, are listed as defendants.
The plaintiffs are asking the court for the following reliefs:
A.
A DECLARATION that the 4threspondent
is the only constitutionally established body in Nigeria that is saddled with
the responsibility and entitled by the Constitution to recruit and appoint
persons into the Nigeria Police Force in accordance with section 14 of the 1999
Constitution and paragraph 30 of the Third Schedule to the 1999 Constitution of
the Federal Republic of Nigeria.
B. A
DECLARATION that the 1st, 2nd, 3rd, 5th,
6th, 7th and 8threspondents are not
entitled by law to recruit and appoint any personnel into Nigeria Police Force,
or to give any directive on such recruitment and any such directive given is
unconstitutional, ultra vires, null, void and illegal.
C.
A DECLARATION that
suspension of the recruitment of 10,000 personnel into the Nigeria Police Force
by the 5th, 6th and 7threspondents as a
result of the simmering conflict with the 4threspondent constitutes
a flagrant violation of section 14 of the 1999 Constitution and paragraph 30 of
the Third Schedule of the Constitution of the Federal Republic of Nigeria,
1999, and is to that extent unconstitutional, null and void.
D.
A DECLARATION that the directive by the 5th,
6th and 7threspondents that recruitment of personnel
into Nigeria Police Force should be done on local government basis is
unconstitutional, null and void.
E.
A DECLARATION that
the directive by the 5th, 6th and 7threspondents
that the Nigeria Police Force should supervise the recruitment exercise of
personnel into Nigeria Police Force against the enshrined duty of the Police
Service Commission which is statutorily saddled with such responsibility is
illegal, unconstitutional and ultra vires.
F.
INJUNCTION restraining
the 1st, 2nd, 3rd, 5th, 6th,
7th and 8threspondents, whether by themselves, their
servants, agents, officers or otherwise howsoever from recruiting
personnel into the Nigeria Police Force in flagrant violation of section 14 of
the 1999 Constitution and paragraph 30 of the Third Schedule of the 1999
Constitution of the Federal Republic of Nigeria.
G.
INJUNCTION restraining the 5th, 6th and
7th respondents whether by themselves, their servants, agents,
officers or otherwise howsoever from insisting that recruitment of personnel
into Nigeria Police Force should be done on local government basis and more so,
that Nigeria Police Force should supervise the recruitment exercise against the
enshrined duty of Police Service Commission which is statutorily saddled with
such responsibility.
H.
AN ORDER directing the respondents to follow the
laid down regulation as required by law and Constitutional provision of
equality of states in line with the principle of Federal Character in the
recruitment of personnel into the Nigeria Police Force with States as the basis
as guaranteed under section 14 of the 1999 Constitution and paragraph 30 of the
Third Schedule of the 1999 Constitution.
In
the affidavit in support deposed to by Mr Ebun-Olu Adegboruwa, he stated that
it was wrong for the National Assembly and the Inspector-General of Police, to
seek to take over the statutory roles of the Nigeria Police Council and that
any recruitment based on local government quota will create inequality across
the nation, as that will be contrary to section 14 of the 1999 Constitution
relating to the federal character principle.
Adegboruwa stated further that
under paragraph 30 of the Third Schedule to the 1999 Constitution, it is the
Police Council that has the statutory power of recruitment, promotion and
discipline of all policemen and women and not the Inspector-General of Police
or indeed the National Assembly.
No
date has been fixed for the hearing of the cases, which was filed on Tuesday,
November 22, 2016.
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