The former Chairman of the Economic and Financial Crimes Commission, Mallam Nuhu Ribadu has dragged the Federal Government before the Federal High Court in Abuja, challenging the propriety of his dismissal by the Police Service Commission.
In suit No FHC/ ABJ/CS/01/09 filed by his lawyers, Mr. Tayo Oyetibo, SAN, and Mr. Charles Musa, Ribadu urged the court to hold that the action of the PSC was illegal and unconstitutional. Ribadu joined the PSC, the Inspector-General of Police and the Attorney-General of the Federation as co-defendants to the suit.
A copy of the court process was made available to our correspondent in Lagos on Friday. The plaintiff is also asking the court to set aside his dismissal and restrain the defendants and their agents from treating or continuing to give effect to the purported dismissal. His application was backed with a 20-paragrraph affidavit in support that was deposed to by Ribadu himself.
Ribadu claimed that he was not given a fair hearing on the matter, saying that the development was contrary to Section 36 (1) of the 1999 Constitution. The plaintiff alleged that he was appointed the chairman of the EFCC, an office he occupied until January 2008 when the IG directed him to proceed to the National Institute for Policy and Strategic Studies, Kuru, Jos on course.
He added that he obediently complied with the directive by vacating his office and proceeding on the NIPSS course, which was completed on November 22, 2008. He also alleged that he was demoted from the post of an Assistant Inspector-General of Police to that of Deputy Commissioner of Police.
The plaintiff further said that he went to court to challenge the demotion, saying that in spite of the pendency of the suit, the PSC went ahead to dismiss him from service. He said, “On December 22, 2008 the PSC announced to the whole world that I had been dismissed from the Nigeria Police Force on the basis of various allegations contained in the 1st Defendant’s letter dated 22nd December, 2008. A copy of the said letter is now produced and shown to me marked Exhibit NR 11.
“The 1st Defendant did not at anytime afford me an opportunity of making representations to her on any of the allegations contained in the letter of dismissal before it took its decision at its 4th statutory meeting to dismiss me from the Nigeria Police. If the 1st Defendant had afforded me an opportunity to make representations to her, I would have shown to her that I was not in any way guilty of any of the alleged acts of misconduct contained in her letter – Exhibit NR 11
“I verily believe that the 1st Defendant has a duty to afford me an opportunity to make representations to her on all the allegations contained in her letter dated 22nd December, 2008 before taking its decision to dismiss me from the Nigeria Police Force.
“I also verily believe that the decision of the 1st Defendant dismissing me from the Nigeria Police Force on the basis of the allegations contained in her letter of 22nd December, 2008, without first affording me an opportunity of making representations to her in respect of the various allegations was a serious violation of my right.”
No date has been fixed for the hearing of the suit.