April 16, (THEWILL) – The Federal High Court sitting in Calabar, has declared that the Nigeria Police lacks power to forcefully occupy IPMAN offices in Abuja and the Eastern Zone of the country.
The court, presided over by Justice Ijeoma Ojukwu, described the action by the Police as illegal and an arbitrary abuse of power.
The court also warned against arbitrary enforcement and described the action as illegal and abuse of power.
The judgement followed an originating summons filed by Daniel Mgbe, Esq, on behalf of the plaintiffs, including Engr Sanusi Fari, Chidi Nnubia, Peter Okoye and seven others.
They sought for among others, a declaration that the continued siege at IPMAN national secretariat by police officers claiming to be acting on the instructions of the Attorney General of the Federation, Inspector General of Police and Deputy Inspector General of Police Force, CID Abuja and forcible removal of Engr. Sanusi Fari and his executive, from legitimate offices as president and Executive members on July 5, 2021 as unlawful, unconstitutional and null and void.
It further sought an order of the Court to compel the Nigerian Police to vacate the national secretariat of IPMAN in Abuja to allow Engr Sanusi Fari-led executive possession to re-enter and continue their legitimate functions and also an order to vacate the the IPMAN offices at Port Harcourt and Enugu and continue their legal businesses.
Delivering judgement on Thursday, April 7, 2022 in Suit No: FH/CA/CS/69/2021 between Engr. Sanusi Abdul Fari and 9 others against Nigerian Police and 20 others, the presiding Judge, Justice Ijeoma Ojukwu, pronounced that the Nigerian Police lacks the powers to forcefully occupy IPMAN offices on the grounds that that they are interpreting court judgement, neither do they have the powers to carry out execution without valid court order.
Justice Ojukwu further states that the Police occupation of IPMAN offices is not in tandem with the Supreme Court judgement on the issue.
The court held that “it does not lie with the Police to arbitrarily enforce court order without an order of the court giving them such impetus as section 15 of the Sheriffs and Civil Processes Act does not donate such powers”, but rather states that “it shall be the duty of the Police to assist in the execution of processes of the court, usually in giving protective cover to the Bailiffs of the court.”
The court further held that, “In construing Section 4 of the Police Act 2020 and Section 15 of the Sheriffs and Civil Process Act 2002, the Police have no powers to reverse the judgement of this court in Suit No: FHC/CA/CS/#2019 and the judgement of the Supreme Court of Nigeria in Appeal No: SC/15/2018 or any judgement of a court.”
Reacting to the court judgement, the Cross River state chairman of IPMAN, Comrade Robert Obi, said he is optimistic that the ruling would restore some peace in the association.
He called on members to lay down arms and work towards the development of the downstream oil sector, rather than engaging in an unnecessary in-fighting without making progress.
About the Author
THEWILL Correspondent, Aniekan Bassey has over six years experience that spans across several fields in print journalism including development communication, sexual reproductive and health rights issues, crime, climate change, social justice, business and human interest stories.
