Justice Ibrahim Buba of Federal High Court, Lagos, on Tuesday, dismissed the suit seeking the removal of the Assistant Inspector-General of Police(AIG) Mbu Joseph Mbu from office over alleged abuse of powers.
The suit was filed by a lawyer, Mr. Tope Alabi, and was specifically hinged on a statement allegedly made by Mbu, threatening to kill 20 civilians in place of a policeman that may be killed during the April general election. Justice Buba said no court in Nigeria could declare the office of an officer of that rank vacant, rather it was the duty of the police to do so. In his words: "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."
After considering all the arguments in the case, the judge said that the case of the plaintiff has no merit and as such it is equally dismissed. The suit, with number FHC/L/CS/149/15, the lawyer is seeking a declaration that the first defendant (Mbu) “is unfit to be a police officer in Nigeria.” He asked the court to direct the former Inspector General of Police(IGP) Suleiman Abba, the Police Service Commission 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 in the suit stated that 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, Mbu, who is in charge of Zone 2, comprising Lagos and Ogun States, in his counter-affidavit, denied ordering the police to kill 20 civilians in place of a policeman that may be killed during the general election. Mbu 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 behalf of Mbu 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, further stated that he was at the briefing where Mbu made the alleged statement. "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"Adeoye said.
Counsel to the applicant, Mr. Femi Falana(SAN), had in his originating summons urged the court to grant the prayers sought by the applicant. Responding to the originating summon, AIG Mbu, through the Legal Officer-in-Charge of Zone 2, Police command, Mr. Chukwu Agu, urged the court to dismiss the suit with substantial cost. Agu, further urged the court not to rely on newspaper publications tendered as exhibit to the suit because they contained unverifiable facts, and not certified.
