Suleiman Abba and the Making of a Partisan Police, By Femi Falana

Suleiman Abba Esq.
Acting Inspector-General of Police,
Police Headquarters,
Louis Edet House,
Abuja, FCT.
ILLEGAL POLICING OF THE REPUBLIC
Since you were appointed the Acting Inspector-
General of Police by the President of the Republic
on July 31, 2014 the Nigeria Police Force has been
involved in partisan politics to the detriment of
law and order in the country. Permit me to draw
your attention to three glaring cases of political
bias recently displayed by the Police under your
leadership.
Firstly, the Osun State governorship election which
took place on August 9, 2014 was almost marred by
the Police and other security forces which arrested
and detained over 700 leaders of the All
Progressive Congress (APC). Indeed, some electoral
officers who were assumed to be members of the
APC were also railroaded to police custody. But for
the personal intervention of Professor Attahiru
Jega, the Chairman of the Independent National
Electoral Commission, the said electoral officers
would not have been released. Thus, the election
would have been disrupted by the police and other
security forces whose duty it was to maintain law
and order during the democratic exercise.
However, the detained APC leaders who were
released after the election have not been charged
to court for breaching the provisions of the
Electoral Act or any other law whatsoever.
Secondly, Mr. Joseph Mbu, the controversial
Assistant Inspector-General of Police in charge of
Zone 7 of the Nigeria Poilice Force announced a
ban any rally demanding for #bringbackourgirls
within the federal capital territory. The ban was
designed to assuage the feelings of some officials of
the Federal Government who are embarrassed by
being reminded of their constitutional duty of
rescuing the over 200 Chibok girls who were
abducted 6 months ago by the nihilist boko haram
sect. In a judgment delivered last week, the Federal
Capital Territory High Court declared the ban
illegal, null and void on the ground that it
constituted an infringement of the fundamental
rights of the patriotic campaigners to freedom of
assembly and expression guaranteed by the
Constitution. In spite of the judicial indictment you
have not deemed it fit to call Mr. Mbu to order for
the reckless abuse of police powers.
Thirdly, you caused the security details of
Honourable Aminu Tambuwal, the Speaker of the
House of Representatives to be withdrawn last
week on the ground that he had decamped from
the Peoples Democratic Party (PDP) to the APC. As
if that was enough, you decided to usurp the
judicial powers of the federation which are
exclusively vested in the courts by section 6 of the
Constitution when you claimed that the Speaker
had lost his office and seat as a federal legislator
having contravened section 68 (1) (g) of the
Constitution. By your illegal pronouncement you
disregarded section section 50 (2) (c) thereof which
stipulates that the Speaker of the House of
Representatives can only be removed by a
resolution passed by votes on not less that two
thirds majority of the members of the House.
No doubt, your actions and utterances in the
circumstance have exposed the Police to
unwarranted ridicule as Nigerians are not
unaware of the fact that when the Ondo State
legislators elected on the platform of the Labour
Party (LP) decamped to the PDP last month your
office did not declare their seats vacant. In
particular, you did not withdraw the security
details of Honourable Jumoke Akindele, the
Speaker who led her colleagues to dump the LP for
the PDP. In the same vein, Honourable Ahmadu
Fintiri, the Speaker of the Adamawa State House of
Assembly and his colleagues who decamped from
the PDP to the APC and have since returned to
PDP. You did not have cause to declare their seats
vacant. Neither have you withdrawn the security
details of the Honourable Fintiri.
Thus, by subjecting Honourable Aminu Tambuwal
to selective persecution on ground that he
decamped from the ruling party you violated his
fundamental right to freedom from discrimination.
As you are no doubt aware, it is a breach of section
42 (1) of the Constitution and Article 2 of the
African Charter on Human and Peoples’ Rights to
subject any citizen of Nigeria of a political opinion
to disabilities, deprivation and restrictions to
which other citizens who hold alternative views or
opinions are not made subject. Since the security
details of other Speakers who decamped from the
APC and LP to the PDP have not been withdrawn
those of Honourable Tambuwal were illegally
withdrawn. They ought to be restored without any
further delay.
From the information at my disposal your
harassment of the Speaker was instigated by the
Presidency. But having regard to section 215 (3) of
the Constitution which enjoins you to carry out the
“lawful directions” of the President of the Republic
with respect to the maintenance and securing of
public safety and public order the actions taken on
the Speaker are illegal and unconstitutional in
every material particular. Therefore, you should
withdraw your pronouncement on the office and
seat of Honourable Aminu Tambuwal and advise
the ruling party to seek redress in the Federal High
Court on the constitutional implications of the
defection. Furthermore, unless he is removed by
his colleagues in the House of Representatives or by
a competent court in the land Honourable
Tambuwal remains the Speaker of the House.
Neither the Police nor any other agency of the
Federal Government can be allowed to resort to
self help on the matter.
As law and order in the country cannot be
maintained by a compromised Police institution
you may want to resign your appointment if you
are not prepared to discharge your onerous
constitutional responsibilities without fear or
favour, affection or ill-will. Before making up your
mind may I remind you of the eternal injunction of
the Supreme Court in the case of Attorney-General
of the Federation v Atiku Abubakar (2007) 10
NWLR (pt 1041) 1 at 183. As the undisguised bias
of both the INEC and the Police could not be
justified over the illegal removal of the Vice-
President for decamping from the ruling party to
one of the opposition political parties the apex
court held inter alia:
“Having regard to the nature of the function which
the Nigeria Police Force also performs, that
body must also insulate itself such that impartiality
and fairness may at all times be ascribed to
it. A situation where both of them ( the Inspector-
General of Police and the Independent National
Electoral Commission INEC) appeal in the instant
case is very much in bad taste.They have both
thrown the quality of impartiality and fairness
which they must possess to the winds. Their acts
capable of eroding the public confidence in them.
Unknown tob them, they may be said, by the
the public, to be biased and therefore not worthy
to be regarded as impartial umpires. This trend
must not repeat itself for the good of the nation.”
Finally, if the trend of subverting the Constitution,
the Police Act and the Electoral Act by your good
self and other top police offices continues unabated
we shall not hesitate to approach the Federal High
Court to determine your competence and
suitability to superintend and manage the Nigeria
Police Force in the public interest.
Yours Sincerely,
Femi Falana SAN.