Newsmen reported that the Federal High Court in Lagos yesterday dismissed a suit filed by a Lagos lawyer, Tope Alabi asking it to declare Assistant Inspector-General of Police (AIG) Mbu Joseph Mbu’s office vacant and order his replacement for allegedly abusing his powers.
The trial judge, Justice Ibrahim Buba in his judgement on the matter held that no court in Nigeria could declare the office of an officer of the rank of AIG vacant, rather it was the duty of the police to do so.
The judge also held that the case of the plaintiff lacks merit and was therefore dismissed.
The court further stated that, “if any threat is made against any person, it is the duty of the police to investigate and punish the officer who made it accordingly, even if it is an AIG.
Alabi had based his suit on a statement allegedly made by Mbu, threatening to kill 20 civilians in place of a policeman that may be killed during the April general election.
He had sought a declaration that the first defendant (Mbu) “is unfit to be a police officer in Nigeria.”
The lawyer urged the court to direct former Inspector General of Police (IGP), Sulaiman Abba, the Police Service Commission and the former Attorney General of the Federation (AGF), Mohammed Adoke, (who are the second to fourth defendants), to declare Mbu’s office vacant and replace him without further delay.
He had claimed that Mbu, as a senior police officer, swore to uphold the rule of law and abide by the constitution, but has allegedly behaved as if he was above the law.