Inspector General of Police, IGP, Ibrahim K. Idris has said that he cannot appear before the Senate ad-hoc committee investigating numerous allegations raised against him and the Police Service Commission by Bauchi Senator Isa Hamma Misau as he hinted that the matter in question is already in court.
The Police Boss, in a letter he sent to the committee through his lawyer, Dr. Alex Izinyon (SAN), told the panel that he had already filed a suit in the Federal Capital Territory High Court sitting in Abuja to enforce his fundamental right by asking the Senate to stand down its investigation on the matter.
The letter read thus; “Re: An invitation to appear before the Senate ad hoc committee on the allegations of corruption levelled against you by Senator Isah H. Misau”, the Inspector General said the ad hoc committee cannot and should not proceed with the said investigation for some obvious reasons, including the fact that “there are two criminal charges pending before both the Federal High Court of Nigeria, Abuja and the High Court of the Federal Capital Territory, Abuja”.
The letter from the IGP stated further; “the Federal Republic of Nigeria vs Senator Isah Hammed Misau charge No. FHC/ABJ/CR/I 70/2017. 771129 criminal case has been slated for 7th November 2017”.
According to Idris added he said the case with charge No. CR/345/I7 has begun and that the defendant was arraigned and the matter adjourned to 29th of November, 2017 for trial.
Adding that there was no need for the Senate to set up the committee to investigate him due to the allegations made by one Senator lsah H. Misau to the Senate, “because we venture to bring to your kind notice facts which will make it imperative for your ad-hoc committee to stand down the said investigation for now or put it in complete abeyance.”
“One does not need a stargazer to see that the gamut of these allegations are sub-judice and for trial before the High Court of Justice Federal Capital Territory which constitutionally under Section 6 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) is vested with such adjudicatory power in the circumstances”, he stated.
“There is no doubt again that this has knocked off the entire 6 items or any other complaint about the investigation in the said matter. It is prudential to allow the Court vested with the power to determine these issues. Any attempt to overreach the court on the subject matter will be a negation of the doctrine of separation of powers and the rule of law. It is just sub-judice,” Idris stated.
The Inspector General, however, said he held the distinguished chairman and members of the committee in the highest regard in the discharge of its constitutional duties under the constitution.
The letter stated thus that; “Our client has informed us that upon the receipt of your letter reference above. He wrote to the Hon. Attorney General of the Federation and Minister of Justice for advice as the Chief Law Officer of the Federal Republic of Nigeria to whom our client is under his control. A copy of the said letter with your letter attached is annexed hereto as Annexure ‘E’. Our client is yet to receive the reply from the Hon. Attorney General of the Federation.
“Without prejudice to the foregoing, we feel strongly that the committee in the light of these various cases outlined above should put the matter in abeyance to allow the resolution of these by the courts and as pointed out these are all subjudice. Your rules recognize this too. It is instructive to draw your attention to numerous legal propositions that have settled this issue by the Superior Courts”.