- A suit instituted by the IGP, Ibrahim Idris, seeking an order restraining his appearance before the Senate has been struck out by the Federal High Court, Abuja
- Justice John Tsoho said the IGP's resolve to come to court rather than answer the summons of the Senate amounted to an abuse of court process
- The judge said he did not see any harm that could have been caused to Idris if he appeared before the Senate
The Federal High Court, Abuja, has struck out a suit instituted by the Inspector General of Police Ibrahim Idris seeking an order restraining his appearance before the Senate.
Delivering judgment on the suit on Tuesday, October 2, Justice John Tsoho, held that the suit was struck out on the grounds of abuse of court process.
Tsoho said he did not see any harm that could have been caused to Idris if he appeared before the Senate himself. He held that the plaintiff’s resolve to come to court rather than answer the summons of the Senate amounted to an abuse of court process.
The police boss had filed the suit seeking to restrain the Senate, the Senate President, and their agents from compelling him to appear before the Senate in person.
Meanwhile, the Senate president, had in a counter-affidavit, accused the IGP of using the court to avoid honouring invitation.
Thee Police IG, had however, said he had on the said date been directed by President Muhammadu Buhari to be among the presidential entourage to Bauchi state.
Idris averred that the content of the Senate’s summons was ambiguous and confusing. According to him, the letter clearly shows the upper chamber’s readiness to interfere with the criminal investigation of one its members, Sen. Dino Melaye.
He therefore, urged the court to declare that the letter of invitation relating to pending criminal proceedings against Melaye in court was beyond his powers. He had hinged his claims on Sections 88 and 6(6) (b) of the 1999 Constitution and the Senate Standing Order, 2015.
In a related development, Tsoho declined to entertain another suit filed by the IGP, in which he is challenging the Senate for declaring him unfit to hold public office.
The judge, therefore, returned the case file to the chief judge of the Federal High Court for re-assignment to another judge.
NAIJ.com previously reported that the police dragged Nigerian Senate to court to determine if the inspector general of police, as a matter of law, must always appear in person each time the upper chamber invites him.
According to the police, the Senate can no longer invite the inspector general again until the court decides on their prayers.
David Igbodo, commissioner of police, legal department of the force headquarters, disclosed this on Sunrise Daily, a programme on channels TV.
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