The former chairman of the Economic and Financial Crimes Commission, Mallam Nuhu Ribadu, will commence his legal challenge against his dismissal from the Nigeria Police on Tuesday at the Federal High Court, Abuja.
In the case, Ribadu is suing the Police Service Commission and the Inspector-General of Police, Mr. Mike Okiro. Also joined in the suit are the Attorney-General of the Federation and Minister of Justice, Chief Michael Aondoakaa. However, the AGF, in a notice of preliminary objection challenging the suit brought before the court by Ribadu, has asked the court to strike out the suit. Among others, Ribadu stated that on November 27, 2008, he had received two letters from the office of the IGP dated November 21, 2008, raising various allegations, including improper dressing, discreditable conduct, negligence, conduct prejudicial to discipline, serious acts of misconduct, disobedience to lawful order.
The four reliefs being sought from the court by Ribadu include a declaration that his dismissal defies the rules of natural justice and provisions of Sections 36 and 153 of the 1999 Constitution as well as Article 7 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act 2004. He is also contending that his dismissal on the basis of allegations contained in a letter from the Police Service Commission dated December 22, 2008 without being given an opportunity to be heard in respect of such allegations makes the dismissal null and void.
The former EFCC chairman is seeking an order to set his dismissal aside and a perpetual injunction to restrain the defendants and their agents from continuing to threaten his continued service in the Nigeria Police. However, in a notice of preliminary objection challenging the suit brought by Ribadu, the AGF who is being represented by Mr. Simon Egede alleged that he chose to ignore opportunities offered for him to respond to the allegations.
The AGF is urging the court to strike out the case on the grounds that the action was not filed in accordance with due processes and that the principal complaint of the plaintiff is alleged infringement of his fundamental right to fair hearing as guaranteed by Section 36 (1) of the Constitution of the Federal Republic of Nigeria 1999.
In a counter-affidavit deposed to by Mr. Abdul Ter, Kohol, a Special Assistant to the AGF, Aondoakaa averred that the Police Service Commission was empowered by the 1999 Constitution to appoint persons to offices in the Nigeria Police Force (other than the office of the Inspector-General of Police) and to dismiss and exercise disciplinary control over all persons holding any office in the Nigeria Police Force.
The AGF’s aide further deposed that Ribadu’s promotion was done without the input or approval of the Police Service Commission. Specifically, Ribadu had through his counsel, Tayo Oyetibo, SAN, gone to court to challenge his dismissal on December 23, 2008 on the grounds that it was illegal, unconstitutional, null and void.
Hearing in the matter has been fixed for Tuesday before the Chief Judge of the Federal High Court, Justice Abdulahi Mustapha.