Court intends to Jail IGP over Disobedience of Order

Firstclass learnt that the crisis in Enugu State House of Assembly
which has pitched 15 lawmakers against Governor Sullivan Chime
degenerated further friday as the Federal High Court sitting in Enugu
threatened to commit the Inspector General of Police (IGP) to prison
for allegedly flouting the court's order in the enforcement of
fundamental rights matter brought before the court by Speaker of Enugu
State House of Assembly.
The threat was contained in a Notice of Consequence of Disobedience of
Court Order (Form 48), signed by the Registrar Federal High Court
Enugu and addressed to the Inspector General of Police, Force
Headquarters Abuja.
A copy of the Form 48 obtained by reporters reads: "Take notice that
unless you obey the directions contained in this Court order, you will
be guilty of contempt of Court and will be liable to be committed to
prison."
The Court presided over by Justice D.V. Agishi had on Monday, granted
an ex-parte motion brought by Hon. Odo in suit number:
FHC/EN/CS/99/2015, which has eight members of the House of Assembly,
the Commissioner of Police and the IGP as 1st to 10 respondents
respectively.
The motion included an interim injunction restraining the 9th and 10th
respondents (Commissioner of Police and the IGP), whether acting by
themselves or through their officers from inhibiting, curtailing or in
any way imperiling the applicant's right to personal liberty as
enshrined in Section 35 of the 1999 Constitution of the Federal
Republic of Nigeria pending the determination of the substantive
motion.
The Court further restrained the 9th and 10threspondents from
preventing the applicant from accessing the precint of the State House
of Assembly, especially his chamber with 15 other members of the
House, except the 1stand 8th respondents to carry on their lawful
duties including the constitutional functions vested on them by the
1999 constitution of the Federal Republic of Nigeria as amended,
pending the determination of the substantive motion.
The Court also granted an order compelling the 9th and 10th
respondents to withdraw all police officers deployed to the Enugu
State House of Assembly, except the applicant (Odo) otherwise requests
for their presence pending the determination of the substantive
motion.
Notwithstanding the Court order, restraining the Police from
curtailing the liberty of the Speaker, the State Police Command on
Thursday invited him over the impeachment notice issued to Governor
Sullivan Chime by 14 members of the House.
It was gathered that the invitation may not be unconnected with some
of the allegations raised against the governor by the lawmakers in
their impeachment notice.
Odo who confirmed the development to journalists said that the police
extended an invitation to him and former National Auditor of Peoples
Democratic Party (PDP), Ray Nnaji and some members of the House.
Odo recalled that he had procured a court order directing police to
restrain themselves from curtailing the liberty of his humble self and
14 other members of the House of Assembly.
"This order was served on Wednesday and Commissioner of Police has
received same. I wish to formally bring to your notice that up till
this morning, the Commissioner of Police has not obeyed the order.
"Instead, in the evening of yesterday, the Commissioner of Police
through his office on account of a petition that was written by His
Excellency, the Governor, invited me to appear at the State Police
Command on Monday.
Odo recalled that he had earlier told the press that his life and that
of his family are in the hands of the Governor of Enugu State and the
Commissioner of Police.
Stressing that legislative matters ought not to be taken to the
police, the Speaker expressed fears that they may be detained if they
honour the invitation and poisoned in the custody of Enugu State
Police Command.
Odo said the least the House expected from the person they served the
impeachment notice is a response to the allegations made against him
and not for the Police to take over the functions of the House of
Assembly.
But, in a swift reaction, the governor through his Chief Press
Secretary, Chukwudi Achife dismissed the allegation as ridiculous and
puerile noting that the state government had nothing to do with the
invitation extended to Odoh by the police.
"Nobody is above the law. If the police in their wisdom decided to
invite him, how is that the business of the governor," Achife said
Firstclassnewsline.net