Court adjourns suit seeking IGP’s removal until March 16
The Federal High Court Abuja, on Wednesday, adjourned until March 16, a suit seeking the removal of the Inspector-General of Police, Mr Mohammed Adamu from office.
Justice Ahmed Mohammed fixed the date following the agreement of counsel in the matter.
President Muhammadu Buhari on Feb. 3, extended the tenure of Adamu as Inspector-General of Police by three months after his retirement on Feb. 1.
Following the decision of the president, a legal practitioner, Mr Maxwell Okpara, approached the court praying for an order that Adamu should resign from office, having spent the mandatory 35 years in service.
When the matter was called, counsel to Okpara, Mr U.C Ejike told the court that the matter was slated for hearing of the motion to abridge time.
Ejike, however, informed the court that the second defendant, (the inspector-general) filed a counter affidavit which was served on his client on Feb. 23.
The lawyer also told the court that the other defendants in the matter, the president and the attorney-general had not responded to the motion.
He informed the court that he needed time to respond to the counter affidavit just as he was expecting replies from the defendants to his motion to abridge time.
Responding, counsel to the inspector-general, Mr Alex Ejesieme (SAN), did not oppose the application for an adjournment but he informed the court that he was served with the motion late on Feb. 22.
He, however, said that he was able to file a response and serve on the applicant on Feb. 23.
The judge thereafter adjourned the matter until March 16 for hearing of the substantive suit.
The plaintiff, in the suit, in addition to asking the inspector-general to resign, is also praying the court to restrain him from exercising any form of command over the Nigeria Police.
He also contended that Adamu’s tenure elapsed on Feb. 1 by virtue of the Nigeria Police Act.
He maintained that Adamu completed his tenure as inspector-general on Feb. 1 after completing 35 years in service as required by the Nigeria Police Act.
In the originating summon in suit number FHC/ABJ/CS/106/2021, the plaintiff, Maxwell Okpara, wants the court to determine, whether by provisions of Section 215, 216, and Section 7 of the Nigeria Police Act 2020, Adamu can continue to function as inspector-general after Feb 2.
The plaintiff also asked the court to determine, whether the failure of the president or the Nigeria Police (first and second defendants) to appoint another inspector-general did not constitute an abdication of their duty.
In a ten paragraph affidavit, deposed to by the counsel, Maxwell Okpara,(plaintiff), he stated that though, Adamu was no longer a serving Police officer but had continued to function in that capacity.
The plaintiff urged the court to determine if the continued stay in office by Adamu was not a breech of the provisions of the constitution and the Nigeria Police Act.
The plaintiff, therefore prayed the court to declare illegal, null and void all actions taken by Adamu from midnight of February 1.
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