A Lagos-based lawyer, Mr. Tope Alabi, has asked a Federal High Court in Lagos to declare an Assistant Inspector-General of Police, Joseph Mbu, as “unfit and improper” to remain a police officer of the Federal Republic of Nigeria.
In the suit no FHC/L/CS/149/15, the lawyer is asking the court to make an order directing the Inspector General of Police, the Police Service Commission and the Attorney-General of the Federation to immediately declare Mbu’s office vacant and to replace him without further delay.
According to the affidavit filed in support of his originating summons, Alabi’s grouse with Mbu has to do with the latter’s recent order that 20 civilians should be killed if any policeman got killed during the coming general elections.
Alabi argued that Mbu, who had sworn to uphold the rule of law and abide by the Constitution, acted in contravention of Section 308 (1) (b) of the 1999 Constitution, when he gave such an order to his men.
He said the utterance, which was widely reported in the national dailies, was “capable of inciting mass killings, violence and anarchy” in the country.
Alabi said he recalled that Mbu served as commissioner of police in Rivers State and in the Federal Capital Territory “where he continued to violate the Constitution by exhibiting intolerant and unlawful behaviour, to the extent that the IGP had to distance himself from him in the latest instance, by restating that the mandate of the police is to save and protect lives and not to kill.”
The plaintiff asked the court to determine “whether Mbu is fit and proper to remain in office considering his controversial utterances and his public misconduct and whether the lives of Nigerians are not in danger as long as Mbu remains in office.”
He sought an order of perpetual injunction restraining Mbu from giving any orders during the March 28 and April 11 general elections.
He also asked the court to restrain Mbu from arresting any governor in the light of Section 308 (1) (b) of the 1999 Constitution.
“It is in the interest of justice to declare the first defendant (Mbu) unfit to be and to remain a police officer in Nigeria, considering his public conduct all the time and to declare his position and seat vacant and a replacement made without delay,” he prayed the court.
The court is yet to fix a date for hearing in the case.