The Inspector-General of Police, Ibrahim Idris, has asked an Abuja Division of the Federal High Court to restrain the Senate from further acting on its May 9 decision declaring them an enemy of democracy and unfit for public office.
In a motion dated May 21 and brought before the court presided by John Tsoho on Thursday, Mr Idris wants the court to conduct a judicial analysis of the actions of the Senate led by its President, Bukola Saraki, and declare the respondent’s declaration null and void.
In the decision of May 9, the Senate viewed the repeated failure of Mr Idris to honour its invitation as dangerous under a democratic setting.
The Senate then declared Mr Idris as an enemy of Democracy and unfit for public office in and outside Nigeria.
The Senate and the House of Representatives also passed a vote of no confidence on the IGP and asked President Muhammadu Buhari to act on the situation or risk an invocation of the Senate’s constitutional powers.
In an ex-parte motion filed by his lawyer, Alex Izinyon, Mr Idris asked the court to regard the May 9 declaration as an act of: “palpable bias, deep-rooted prejudice, visible hatred and undisguised contempt for the applicant.”
Mr Idris also asked the court to issue a declaration that the respondent acted ultra vires its powers in the constitution of the Federal Republic of Nigeria in the proceedings that resulted in the May 9 declaration.
He said the declaration amounts to a legislative judgement which the house had no powers to deliver.
He asked the court to nullify the said declaration as well as the findings of the ad-hoc committee which resulted in the May 9 declaration.Mr Idris also wants the court to issue a restraining order preventing the respondent or its servants from acting on the findings of the said investigation by the ad-hoc committee.
According to the application, Mr Idris explained that his failure to appear was not in negation of his constitutional duty, since officers were duly delegated for attendance at the plenary on the issues raised by the Senate.
He submitted that as police IG, his office is a creation of the constitution and the Nigeria Police Act which permits him to carry out his duties by himself or delegate them in accordance with relevant sections of the Constitution.
Mr Idris contended that it was impossible for him to be at all places at the same time. He added that before receiving the invitation to appear before the Senate on April 26, he had been directed by the federal government to join the president’s entourage to Bauchi on the same day.
The court adjourned the matter till June 27.