The President of the Senate,
Federal Republic of Nigeria,
National Assembly Complex,
Three Arms Zone,
Abuja.
INVITATION TO BRIEF THE SENATE ON THE INHUMAN TREATMENT METED ONSENATOR DINO MELAYE OVER A MATTER THAT IS PENDING BEFORE A COURT OF COMPETENT LAW COURT AND OTHER KILLINGS ACROSS NIGERIA.
I have been directed by the Inspector-General of Police to acknowledge the receipt of your letter NASS/CS/8S/R/09/45 dated 8th May, 2018 inviting him to appear before the Senate on Wednesday, 9th May, 2018 at 11.00am at the Senate Chambers, National Assembly Abuja.
The Inspector-General of Police has further directed me to inform you as follows;
(a) On the 25th April, 2018, the Senate invited the Inspector-General of Police to appear before it on the 26th of April 2018, in respect of the above subject matter but because the Inspector-General of Police was on official assignment with the President and Commander in Chief of the Armed Forces of the Federal Republic of Nigeria to Bauchi on same date, he delegated the Deputy Inspector-General of Police, Department of Operations, Assistant Inspector-Generals of Police and some Commissioners of Police conversant with the matter to brief the Senate.
(b) The delegated Officers went with a brief of the Inspector-General of Police on the matter to the Senate to enable the Senate appreciate the issues raised to guide their resolutions on the matter but the Senate refused to listen to the Officers delegated by the Inspector-General of Police in line with his powers recognized by both the Constitution and the Police Act. Copy of the brief on the issue written by the IGP is attached as Appendix A.
(c) The Senate again on the 26th of April 2018 wrote the Inspector-General of Police re-inviting him to appear before the Senate in person on the 2nd of May, 2018 but this time around the IGP was on official assignment to Birnin-Gwari Area of Kaduna in company of the General Officer commanding, One Division, Nigerian Army Kaduna, Major General Mohammed Mohammed to attend to some very serious security matters of National importance, but he promptly delegated the Deputy Inspector-General of Police, Research and Statistics, Assistant Inspectors General of Police and Commissioners of Police to represent him and brief the Senate on the above subject matter but the Senate again refused to accord them audience insisting that the Inspector-General of Police must appear in person.
In view of the insistence of the Senate that the Inspector-General of Police must appear before the Senate in person coupled with utterances emanating from the leadership of the Senate on his non-appearance, the Inspector-General of Police felt that serious constitutional issue has arisen for the Court to decide whether the IGP must always appear in person each time he is invited to appear before the National Assembly despite his powers of delegation on official matters involving the Police Force.
Consequent upon this, the Inspector-General of Police approached the Federal High Court, Abuja in Suit No:FHC/ABJ/CS/457/2018 posing 5 questions and 7 reliefs for the court determination. The Suit has been adjourned to the 31st May, 2018 for hearing. A copy of the Suit is attached but germane to the reliefs are;
(a) A declaration that by virtue of the combined provisions of Sections 215(1)(a)(b) of the Constitution of the Federal Republic of Nigeria, 1999 as amended and Sections 2,5,6 and 7(1) of the Police Act, Cap P19 LFN, 2004, the Inspector-General of Police can honour the invitations or summons of the Senate or any of the Senate Committee by any of his Officers to wit: the Deputy Inspector-General of Police, Assistant Inspector-General of Police or Commissioners of Police delegated to represent him.
(b) A declaration that the insistence of the Senate or any of its Committee that only the Inspector-General of Police must appear before them in honour of their letters of 25th, 26thMay, 2018 is contrary to the combined provisions of Sections 215(1)(a) of the Constitution of the Federal Republic of Nigeria, 1999 as amended and sections 2, 5, 6 and 7(1) of the Police Act Cap P.19 LFN 2004 is unconstitutional, ultra vires, null and void.
(c) An Order of injunction restraining the Senate either by themselves or their assigns, agents, priviesor any of their Committees from insisting that only the Inspector-General of Police can and should appear before the Senate anytime he is summoned or invited to the exclusion of the subordinate Officers to wit: the Deputy Inspector-General of Police, Assistant Inspector-General of Police or Commissioner of Police pending the determination of the Suit.
It is also of utmost importance to inform the Senate that Senator Dino Melaye has approached the High Court of the Federal Capital Territory, sitting in Abuja in Suit No: CV/1610/18 filed on his behalf by Rickey Tarfa (SAN) where he sought 10 reliefs challenging the action of the Inspector-General of Police and the Nigerian Immigration Service. This case has been slated for the 11th day of May, 2018 for hearing.
It is the belief of the Inspector-General of Police, that since the matter is now before a court of competent jurisdiction at both his and Senator Dino Melaye instance, the matter has become subjudiced and the Court should be allowed to determine the matter in one way or the other. If the court rules that the Inspector-General of Police must always appear in person each time he is invited by the Senate or any of its Committees, it becomes the law and the IGP will be bound by
Without necessarily compelling a reference to the Senate Standing Orders 2015 as amended, suffice to mention that Order 53 Rule 5 states that “ reference shall not be made to any matter onwhich a Judicial decision is pending in such a way as might in the opinion of the President of the Senate prejudiced the interest of parties thereto”. It has been argued in some quarters at the National Assembly that Order 53 Rule 5 alluded to the opinion of the President of the Senate on matters that should not be referred to. The truth however remains sacrosanct that the general principle of law is that matters that are pending before courts of competent Jurisdiction should not and cannot attract comments and therefore subjudice.
Let me point out that the Inspector-General of Police has very high regards and respect for the National Assembly particularly the Upper Chambers (Senate) and would not do anything to derogate their powers of oversight as recognized by the Constitution or slight them in any manner whatsoever. However where the Inspector-General of Police believes that the exercise of that function runs contrary to the Constitution and the Police Act, he will have no other option than to defer to the Judiciary; the arm of Government empowered by the Constitution to interpret the laws made by the National Assembly. This is the beauty of democracy and ours must be allowed to thrive.
The Inspector-General of Police has on the basis of the above directed me to inform you, that he will not be available to appear before the Senate on the 9th of May 2018 or any other date pending the conclusion of the cases already pending before the Courts. Appearing before the Senate to comment on the issues without the Court first deciding whether the Inspector-General of Police is bound to appear in person will be subjudiced, undemocratic and against Senate Order 53 Rule 5.
Please, accept the warm regards and high esteem of the Inspector-General of Police.
CP DAVID IGBODO,
COMMISSIONER OF POLICE,
LEGAL/PROSECUTION SECTION,
FHQ – ABUJA.
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