Home News #EndSARS: Police ask court to declare activities of panels of enquiry unconstitutional

#EndSARS: Police ask court to declare activities of panels of enquiry unconstitutional

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The police have embarked on legal battle to stop the judicial panels of inquiry set up by state governors to probe allegations of police brutality against the security agency.

It has filed a suit at the Federal High Court Abuja, to invalidate the  activities of the panels across Nigeria.

In a suit marked, FHC/ ABJ/CS/1492/2020 and filed by O.M Atoyebi, NPF’s lawyer, police authority argued that the setting up of the panel  is against  section 241(1)(2)(a) and item 45, part 1, first schedule to the constitution and section 21 of the tribunals of inquiry act”.

It therefore asked the Court to declare the activities of the tribunals unconstitutional and illegal.

“A declaration that having regard to the provisions of Section a14 (1)(2) (a) and Item 45, Part 1, First Schedule, 1999 Constitution of the Federal Republic of Nigeria (as amended), the Federal Government of Nigeria has the exclusive power to organise, control and administer the Nigeria Police Force,” the suit read in part.

“A declaration that the establishment of panel of inquiries by the Governors of the various states of the Federation of Nigeria, to inquire into the activities of the Nigeria Police Force in relation to the discharge of her statutory duties is a gross violation of the provisions of Section 241 (1)(2) (a) and Item 45, Part 1, First schedule, 1999 Constitution of the Federal Republic of Nigeria (as amended) and Section 21 of the tribunals of inquiry Act, Cap.T21, Laws of the Federation of Nigeria, 2004.

“A declaration that having regard to the circumstances of this case, the attitude of the governors of the various states of the Federation of Nigeria, in this case, is unconstitutional, illegal, null and void and of no effect whatsoever.

“An order of perpetual injunction restraining the 3rd to 38th defendants (the attorneys-general of the 36 states) from making or conducting any investigations, sittings and inquiries and/or from making or conducting any further investigations, sittings and inquiries in respect of matters affecting the Nigeria Police Force, and or further setting up any panel of inquiry in any state whatsoever in the country.”