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A Federal High Court sitting in Abuja has slated February 7, 2023 to hear the suit challenging the proposed commercialization of services of personnel of the Nigeria Police.
Justice Inyang Ekwo on Friday also directed one of the defendants in the matter, Parkway Project Ltd to file their response to the suit before the next adjourned date.
The suit was brought by the Centre for Human Rights and Social Advancement (CEFSAN) through their counsel, Yusuf Adamu Ibrahim, challenging the establishment and planned takeoff of the Police Specialized Automated Services Program (POSSAP).
Joined in the suit as defendants are the President of the Federal Republic of Nigeria, the Ministry of Police Affairs, Nigeria Police Council, Nigeria Police Force, Inspector General of Police, Police Service Commission, the National Assembly, the Attorney General of the Federation, and Parkway Projects Ltd.
The NGO is contending that the platform, which would enable the police provide protection, escort and guard services for fees to the rich and affluent persons in Nigeria, was a usurpation of the powers of the National Assembly under sections 4 and 214 of the Constitution Federal Republic of Nigeria, 1999 (as amended) as well as Section 4 of the Police Act, and therefore unconstitutional.
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The NGO contends that the monetization of police services for the rich would be discriminatory and distract the organization from its specific objectives as provided in sections 13, 15, 17, 42 and 214(2)(a), (b) and (c) of the Constitution Federal Republic of Nigeria 1999 (as amended).
It further seeks a declaration “that the establishment and planned take off of the Police Specialized Automated Services Program (POSSAP) by the 1st Defendant is a usurpation of the powers of the 7″ Defendant as enshrined under Sections 4 and 214 of the Constitution Federal Republic of Nigeria, 1999 (as amended) as well as Sections 4 of the Police Act and therefore unconstitutional.
“A declaration that the actions of 1″, 2″, and the 5″ Defendants creating and/or establishing a section in the Nigeria Police Force whose mandate, duties. and responsibilities are in conflict with the provisions of Sections 4, 6, 26, 91 and Specific Objectives of the Police Act as well as Sections 13, 15, 17, 42 and 214(2)(a), (b) and (c) of the Constitution Federal Republic of Nigeria 1999 (as amended) through the Federal Executive Council is unconstitutional, illegal and therefore, null and void.
“A declaration that the acts of the 1 Defendant directing the 5th Defendant to set up Police Specialized Automated Services Program (POSSAP) with the sole aim of providing protection, escort and guard services for fees to the rich and affluent persons in Nigeria is discriminatory and therefore against the tenet, spirit, intendment and objectives of the Police Act and Section 251 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and therefore, unconstitutional, illegal, null and void.”
The NGO seeks a perpetual order of injunction restraining the defendants either by themselves, privies, officers, assigns, personal representatives and agents from going ahead to flag off the planned Police Specialized Automated Service Program (POSSAP);
“An order of this honorable court restraining the Defendants either by themselves, privies, assigns, personal representatives and agents from offering, accepting, honoring, providing, ordering and/or attaching any of the 4″ Defendant’s personnel to any rich, affluent or popular Nigerian or non-Nigerian for fee(s) or any purpose other than the statutory duties of the 4th Defendant.”
In their counter affidavit filed by Samuel Mallum Esq of the Legal Section of Force Criminal Investigation Department (FCID), the police asked the court to dismiss the suit because the “statutory provisions support and affirm the powers of the police to receive and make income and revenues from her operations.”
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