A Federal High Court in Lagos, presided over by Justice Ibrahim Buba of Lagos, on Tuesday dismissed the suit seeking the removal of the Assistant Inspector General of Police (AIG) in-charge of Zone 2 Police Command, Mbu Joseph Mbu, from office over alleged abuse of powers and inciting utterances.
While delivering his judgment on the suit, Justice Buba said that no court in Nigeria could declare the office of an officer of that rank of AIG vacant, adding that it was only the police authority which could do so.
“If any threat is made against any person, it is the duty of the police to investigate and punish the officer who made it accordingly, even if it is an AIG.
“No court in Nigeria can declare the office of such officer vacant, it is the duty of the police,” Buba declared.
The trial judge after considering all the arguments in the case, held that the case of the plaintiff has no merit and was accordingly dismissed.
In the substantive suit with Suit number FHC/L/CS/149/15, Alabi (plaintiff) sought a declaration that Mbu (first defendant) “is unfit to be a police officer in Nigeria.”
The plaintiff prayed the court to direct Inspector General of Police (IGP), Suleiman Abba, the Police Service Commission(PSC) and the Attorney General of the Federation (AGF), Mohammed Adoke, (who are the second to fourth defendants), to declare Mbu’s office vacant and replace him without further delay.
Alabi said Mbu, as a senior police officer, swore to uphold to the rule of law and abide by the constitution, but has allegedly behaved as if he was above the law.
However, in his counter-affidavit, Mbu who is in charge of Zone 2 Police Command, comprising Lagos and Ogun States denied ordering the police to kill twenty civilians in retaliation of a policeman that may be killed during the general elections.
He further denied ever making the alleged statement, adding that he only ordered that any policeman shot by any person could shoot back in self-defence.
According to the counter-affidavit deposed to on Mbu’s behalf by a policeman, Olugbemiga Adeoye, the deponent averred that the newspaper publication containing the said allegation was “completely false, exaggerated, twisted and totally quoted out of context.” Adeoye, stated that he was at the briefing where Mbu made the alleged statement.
He added that contrary to the allegation: “The true position is that during the official tour and briefing of police officers at Lagos and Ogun State Commands, Mbu, directed every police officer to be law abiding, hardworking and wake up to their constitutional/statutory duties and respect to every citizens’ legal rights in the course of performance of their duties and that any policeman shot by any person, that such policeman could shoot back in self-defence.”
Mr Femi Falana (SAN) counsel to the plaintiff had in his originating summons, urged the court to grant the prayers sought by his client.
But responding, the Legal Officer in charge of Zone 2 police command, Mr Chukwu Agu, urged the court to dismiss the suit with substantial cost. He further urged the court not to rely on newspaper publications tendered as exhibit to the suit because they contained unverifiable facts, and not certified.