The spokesman of the mainstream Afenifere, Yinka Odumakin, and human rights activist, Mr. Ebun-Olu Adegboruwa, have filed an action before the Federal High Court, Lagos, seeking to stop the proposed recruitment of 10,000 personnel into the Nigeria Police Force through local government quota.
In the Suit numbered FHC/L/CS/1602/2016, the Nigeria Police Force, the Inspector-General of Police, the Nigerian Police Council, the National Assembly, the Senate and the House of Representatives, the Minister of Police Affairs and the Attorney-General of the Federation, are listed as defendants. The plaintiffs are asking the court for the following reliefs:
“A DECLARATION that the 4th respondent is the only constitutionally established body in Nigeria that is saddled with the responsibility and entitled by the Constitution to recruit and appoint persons into the Nigeria Police Force in accordance with section 14 of the 1999 Constitution and paragraph 30 of the Third Schedule to the 1999 Constitution of the Federal Republic of Nigeria.
“A DECLARATION that the 1st, 2nd, 3rd, 5th, 6th, 7th and 8th respondents are not entitled by law to recruit and appoint any personnel into Nigeria Police Force, or to give any directive on such recruitment and any such directive given is unconstitutional, ultra vires, null, void and illegal.
“A DECLARATION that suspension of the recruitment of 10,000 personnel into the Nigeria Police Force by the 5th, 6th and 7th respondents as a result of the simmering conflict with the 4th respondent constitutes a flagrant violation of section 14 of the 1999 Constitution and paragraph 30 of the Third Schedule of the Constitution of the Federal Republic of Nigeria, 1999, and is to that extent unconstitutional, null and void.
“A DECLARATION that the directive by the 5th, 6th and 7th respondents that recruitment of personnel into Nigeria Police Force should be done on local government basis is unconstitutional, null and void.
“A DECLARATION that the directive by the 5th, 6th and 7th respondents that the Nigeria Police Force should supervise the recruitment exercise of personnel into Nigeria Police Force against the enshrined duty of the Police Service Commission which is statutorily saddled with such responsibility is illegal, unconstitutional and ultra vires.
“INJUNCTION restraining the 1st, 2nd, 3rd, 5th, 6th, 7th and 8th respondents, whether by themselves, their servants, agents, officers or otherwise howsoever from recruiting personnel into the Nigeria Police Force in flagrant violation of section 14 of the 1999 Constitution and paragraph 30 of the Third Schedule of the 1999 Constitution of the Federal Republic of Nigeria.
“INJUNCTION restraining the 5th, 6th and 7th respondents whether by themselves, their servants, agents, officers or otherwise howsoever from insisting that recruitment of personnel into Nigeria Police Force should be done on local government basis and more so, that Nigeria Police Force should supervise the recruitment exercise against the enshrined duty of Police Service Commission which is statutorily saddled with such responsibility.
“AN ORDER directing the respondents to follow the laid down regulation as required by law and Constitutional provision of equality of states in line with the principle of Federal Character in the recruitment of personnel into the Nigeria Police Force with States as the basis as guaranteed under section 14 of the 1999 Constitution and paragraph 30 of the Third Schedule of the 1999 Constitution.”
In the affidavit in support deposed to by Adegboruwa, he stated that it was wrong for the National Assembly and the Inspector-General of Police, to seek to take over the statutory roles of the Nigeria Police Council and that any recruitment based on local government quota will create inequality across the nation, as that will be contrary to section 14 of the 1999 Constitution relating to the federal character principle.
Adegboruwa stated further that under paragraph 30 of the Third Schedule to the 1999 Constitution, it is the Police Council that has the statutory power of recruitment, promotion and discipline of all policemen and women and not the Inspector-General of Police or indeed the National Assembly.
No date has been fixed for the hearing of the cases, which was filed on Tuesday, November 22, 2016.
