This day From Funso
Muraina and Wale Ogunyemi in Abuja, 05.12.2009

The Inspector-General of Police, Mr. Mike Okiro,
and the Police Service Commission (PSC) yesterday said  that the former
Chairman of  Economic and Financial Crimes Commission (EFCC), Malam Nuhu
Ribadu, was not demoted  as being reported but  his rank was
reverted. 

The former EFCC boss had sued the Inspector General
of Police, Police Service Commission and Attorney General of  the
Federation (AGF), Chief Mike Aondoakaa (SAN), before the Abuja Federal High
Court challenging his demotion.

According to the counsel to the IG and  PSC,
Mr. Victor Osuji, Mallam Ribadu was promoted three times within three months
interval as against the three-year statutory period that he was to be on a rank
before getting promotion, saying that he did nothing spectacular to get
promotions.

He further told the court that Ribadu’s promotion was gross indiscipline to the
Nigerian Police Force, stressing that over 100 officers’ ranks were also
reverted along side Ribadu’s. Counsel to the first and second defendants, Mr.
Osuji and the third defendant’s counsel, Mr. Anthony Malik, are also
challenging the competence of the suit and the jurisdiction of the court to
entertain it.
But Ribadu's legal team led by Mr. Tayo Oyetibo (SAN), however, asked the court
to grant the plaintiff’s claim and dismiss the defendants’ objections in the
suit.

In his originating summons, Mallam Ribadu through
his lead counsel, Mr  Oyetibo  (SAN), prayed the court for the
determination of the following questions:

Whether having regard to the provisions of Section
6(6)(b) and 36( 1) of the constitution of the Federal Republic of Nigeria 1999
and Article 7 of the African Charter on Human and Peoples Rights (Ratification
and Enforcement) Act Cap A9 Laws of the Federation 2004, Ribadu is not entitled
to invoke the jurisdiction of the court to seek and obtain judicial remedies
against the Defendants for his demotion from the rank of Assistant
Inspector-General of Police to the rank of Deputy Commissioner of Police,
without first seeking the permission of the Defendants.

*Whether the decision of the Police Service Commission (PSC) that his
(Ribaduís) promotions to the ranks of Commissioner of Police and Assistant
Inspector-General of Police violated Section 153( 1 )(m), paragraph 30(a)-(b)
of part 1 of the Third schedule of the 1999 constitution and Section 6(1) and
(2) of the Police Service Commission Establishment Act 2001 which decision was
communicated to him by the IGP vide its letter of 3rd September 2008 was not an
unlawful usurpation of the judicial powers of the court to determine such issue
and therefore in derogation of Section 6(1) (6)(b), 36(1) and 251 (1 )(r) of
the 1999 constitution.

Should all the questions or any of the posers be
determined in his favour, he is begging the high court to issue four
declaratory and five injunctive reliefs in his favour including:

*A declaration that by virtue of Section 6(6)(b)
and 36(1) of the constitution of the Federal Republic of Nigeria 1999 and
Article 7 of the African Charter on Human and Peoplesí Right (Ratification and
Enforcement) Act Cap A9 Laws of the Federation 2004, the plaintiff is entitled
to invoke the jurisdiction of this court to seek and obtain judicial remedies
against the defendants for his demotion by the Police Service Commission from
the rank of Assistant-Inspector General of Police to the rank of Deputy
Commissioner of Police without first seeking the permission of the Defendants
or the Federal Government among other reliefs.

After listening to the submissions of the parties
in the suit; the trial judge, Justice Bello, adjourned the matter till 
July 20 to determine the competency of the case and if it has jurisdiction to
entertain the matter.