The hope of the10,000 newly recruited constables joining Nigerian Police Force, NPF, is hanging in the balance.
This follows the ruling of Abuja Division of the Federal High Court Wednesday halting the ongoing process to recruit the constables into the Force.
The court, in a ruling by Justice Inyang Ekwo, ordered all the parties involved in the recruitment exercise to maintain the status quo, pending the determination of a suit lodged against the process by the Police Service Commission, PSC.
Justice Ekwo stressed that since all the necessary parties were before the court over the exercise, there was need to preserve the subject matter of the litigation by PSC.
He, therefore, warned the parties against taking steps that would jeopardize the ‘Res’ of the case.
The PSC had approached the court to challenge the process adopted in the recruitment of 10,000 constables as was approved by President Muhammadu Buhari.
Cited as defenfants in the suit were the Inspector General of Police (IGP), Adamu Mohammed and the Minister of Police Affairs.
The plaintiff, in the suit it filed through Mr. Kanu Agabi, SAN, a former Attorney General of the Federation and Minister of Justice, is praying the court for an order of interlocutory injunction restraining the Defendants/Respondents, their officers and representatives including anybody or person acting on their behalf, from appointing, recruiting or attempting to appoint or recruit by any means whatsoever, any person into any office by the NPF, pending the hearing and determination of the substantive suit.
Meanwhile, the court, on Wednesday, gave the plaintiff the nod to join Mr. Abubakar Malami, SAN, the Attorney-General of the Federation and Minister of Justice, as a party in the suit.
It directed the plaintiff to file and serve the amended process on all the defendants within four days, while the respondents are to also reply within four days.
The court subsequently adjourned the matter to November 4 for mention, warning all the parties to “stay within bound until the matter is determined”.
“You have submitted yourself to court, abide by the rule of the law,” Justice Ekwo added.
Police lawyer, Dr Alex Iziyon, SAN, had earlier decried before the court that the recruitment process had been concluded and the list of successful candidates released.
PSC had in its suit marked FHC/ABJ/CS/1124/2019, argued that by virtue of the provisions of section 153(1) (m), (2) and section 215 subsection (1)(b) of the 1999 Constitution, as amended, Paragraph 30 Part 1 of the Third Schedule to the Constitution, as well as, Sections 6 and 24 of the Police Service Commission (Establishment) Act, it is the sole statutory body vested with the exclusive powers to appoint, promote, dismiss and discipline persons holding offices in the NPF, except the office of the inspector General of Police.
It contended that none of the respondents is authorised by law to play any role in the appointment, promotion, dismissal or exercise of disciplinary measures over persons holding or aspiring to hold offices in the NPF.
PSC told the court that the NPF is presently attempting to appoint by means of an advertised recruitment of 10,000 persons into the force, in flagrant usurpation of its functions and powers.
“Unless restrained by an order of this Court, the respondents appointments/recruitments is capable of foisting a fait accompli on the judgment of this Honourable Court in this matter,” the plaintiff added.
It is, therefore, seeking among other things, “A declaration that any act or attempt by the Defendants in appointing, recruiting and/or shortlisting for appointment, any person aspiring to hold any office in the Nigeria Police Force except the office of the Inspector General of Police amounts to unlawful and unjustified usurpation of the constitutional and statutory functions and powers of the Plaintiff and accordingly null and void and of no effect whatsoever.
“An order nullifying any act or attempt by the Defendants whether acting jointly or severally in appointing or purporting to appoint any person into the 1st Defendant whether by means of enlistment shortlisting, recognition, recruitment or in any other manner howsoever, such act or attempt being ultra vires the functions and powers of the Defendants.
Likewise, “An order of perpetual injunction restraining the Defendants, jointly and severally, by themselves or through their officers, agents or representatives or through any other body or appointee of the Federal Government of Nigeria from further exercising or purporting to exercise the powers to appoint, promote, dismiss or in any manner whatsoever exercise disciplinary control over any person holding or aspiring to hold any office in the Nigeria Police Force other than the Inspector General of Police.”
