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From Jude Owuamanam, Jos
The Plateau State Police command has told Justice H Dolnaan of the Bukuru Area Court that it was not within his jurisdiction to order the police to unseal the headquarters of the 17 local government areas of the state.
The police also said that not even a state high can issue such an order as only the federal high court has the exclusive right to ask them to withdraw their men and unseal the secretariats.
This was in a counter suit filed by the police against Justice Dolnaan’s order given in a motion ex parte brought before the court by the Attorney general of the state against the Plateau state commissioner of police.
Dolnaan had in a suit filed by the AG against the CP, ordered the police to unseal the secretariats of the 17 local government areas, which were closed by the order of the former Inspector General of Police, Usman Alkali Baba, following an uproar the greeted the sacking of the 17 elected chairmen by Governor Caleb Mutfwang.
Their replacement by caretaker committees almost led to a breakdown of law and order as the former refused to give way to the latter. Attempts to prevent a breakdown down of law and order led to the sealing of the LG secretariats on the orders of the former IGP.
The police, in a suit filed before the court, want it to determine whether an area court has the statutory competence to adjudicate on matters bordering on interpretation of the provisions of the constitution of the Federal Republic of Nigeria (as amended) over the disputes affecting the federal government or any of its agencies.
They also want the court to determine the action of the Plateau State government in commencing the suit against them was competent as the applicant failed, refused, and/or neglected to make the Nigerian Police Force as a necessary party in the suit and whether such failure was not fatal to the plaintiff/respondent’s cause of action.
The police contended that the commissioner of police is not the Nigerian Police Force as he’s only an employee of the federal government agency.
In the suit brought under Section 214 and 215 of the constitution, section 251 (1) (p)(q)(r) and (s), and Section (3) and 2 (a)(b)(d)(c) and (e) of the Police Act, the police averred that only the Federal High Court of Nigeria that is exclusively entitled with the jurisdiction to adjudicate on matters that has to do with disputes against the Federal Republic of Nigeria m or any of its agencies.
When the matter came up before the area court, it was adjourned till September 13 for continuation of the hearing.
