By Onyewuchi Ojinnaka
A Non Government Organization (NGO), Gani Fawehinmi Memorial Organization (GAFAMORG) has filed a suit before a Federal High Court, Lagos, Nigeria, seeking to stop the alleged planned demotion of 4000 policemen.
It did consequent upon the disclosure made by the Police Service Commission’s Head of Press and Public Relations Mr Ikechukwu Ani in a press conference, wherein he confirmed to journalists about the planned demotion of about 4000 police officers promoted between 2016 and 2018 by the Police Service Commission (PSC).
Joined as respondents in the suit marked FHC/L/2011/2018, are the Police Service Commission (PSC) and Inspector-General of Police (IGP).
In the suit the group is seeking a declaration that the promotion of 45 officers attached to IGP Intelligence Response Team (IGP-IRT) and other 3,791 officers promoted between 2016 and 2018, under the chairmanship of IGP Mike Okiro (rtd) have not been indicted for any offence, misconduct or misdemeanor and thetefore the present board of PSC has no right to pencil them for demotion or relegation as being currently planned.
The group also seeks a declaration that the planned demotion of any and or all the officers duly promoted by the PSC between 2016 and 2018, following the recommendation for their promotion by IGP on the ground of degree of efficiency, intelligence and good conduct they displayed in the performance of their duties in line with the provisions of Section 149 and 165 of the Police Act and Regulations is null and void and ultra vires their power.
That the said police planned action, without extending same to police officers promoted on the same conditions since the inception of PSC is discriminatory and violation of Section 42 of 1999 Constitution (as amended).
Consequently, the plaintiff prays the court for an order of perpetual injunction restraining the defendants from demoting more than 45 officers attached to IGP-IRT and 3,791 police officers duly promoted by the PSC under the leadership of Okiro , as their promotion followef the laid down procedure and rules associated with such special promotion.
Besides, plaintiff wants the court to make an order perpetually restraining the present constituted PSC from issuing query, discipline against any of the 45 officers attached IGP-IRT and other 3,791 gallant officers promoted between 2016 and 2018, in relation to the promotion, the subject matter of this suit.
It further seeks the court’s order of perpetual injunction restraining PSC from ordering or compelling IGP to demote the said promoted officers between 2016 and 2018, in relation to their promotion which is the subject matter of this suit.
In an affidavit deposed to by a legal practitioner, Debo Adeleke for the plaintiff, he averred that the suit was instituted in public interest and in defence of constitution of the Federal Republic of Nigeria, 1999 (as amended).
He stated that what prompted the suit was the recent press conference by the PSC’s Head of Press and Public Relations, Ikechukwu Ani, on Tuesday, October 2, 2018, wherein he confirmed to journalists that PSC has setup a panel headed by a retired Justice of Supreme Court, Justice Clara B. Ogunbiyi, to review promotions made between 2016 and 2018.
The deponent averred that the said planned demotion of all officers promoted between 2016 and 2018, was earlier by Mr. Olayinka Balogun, a retired Commissioner of Police and Personal Assistant to the Chairman of PSC, Alhaji Musiliu Smith IGP (rtd), on September 19, 2018, at the office of Commissioner of Police, Oshogbo, Osun State.
Adeleke further stated that consequent upon the remarks of Mr Balogun and confirmation in a press conference by Mr. Ani, he was mandated by the plaintiff to write a letter dated October 4, 2018, to the Chairman of PSC to among other things, plead for the change of the planned action and also to serve as a pre-action notice on PSC. According to Adeleke, first respondent has not responded to the letter.
It was further submitted by the plaintiff that all the officers promoted between 2016 and 2018, were promoted based on gallant performance and they have since been decorated and have been wearing the new ranks which further motivated them to be more productive.
It posited that if the planned demotion of the said officers is carried out, it will adversely affect their psychic, morale and performance.No date has bern fixed for hearing of the matter as it is yet to be assigned to a judge.
