A Lagos-based lawyer, Debo Adeleke has dragged the Senate and two others before Federal High Court in Abuja over a resolution passed by the lawmakers, declaring the Inspector-General of Police (IGP) Ibrahim Idris Kpotum “unfit to hold position in and outside Nigeria and an enemy of democracy”.
Adeleke is contending in the suit that since the Senate is not a court of law, it lacks the jurisdiction and vires to make the declaration.
Also joined as co-respondents in the matter are Saraki and Deputy Senate President, Senator Ike Ekweremadu.
The applicant is urging the court for a declaration that the power of the Senate to invite a public officer under its power of investigation in Section 88 of 1999 Constitution (as amended), is limited and it is only to enable it to: make laws with respect to any matter within its legislative competence and correct defects in the existing laws; and expose corruption, inefficiency or waste in execution or administration of laws within its legislative competence and in the disbursement or administration of funds appropriated by it.
The lawyer is also seeking a declaration that even though, the Senate of National Assembly lacks the requisite vires to summon the IGP, the IGP was ably represented by Deputy Inspector-General of Police by virtue of Section 312(1) of Police Act and Regulation, law made by National Assembly. And that the invitation of IGP over the arrest and arraignment of Senator Dino Melaye is subjudice and undue interference with police constitutional power of investigation, arrest and arraignment of suspects.
In a 27 paragraph affidavit filed in support of the originating summon, Adeleke averred that he instituted the suit to defend and uphold the sanctity of the Constitution of Federal Republic of Nigeria, noting that it is of public interest.
He submitted that what prompted the suit was the Senate declaration that the IGP, Mr. Ibrahim Idris Kpotum is unfit to hold public position within and outside Nigeria, and enemy of democracy due to his inability to personally honour Senate invitation to appear before it
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