Mbu absent in suit seeking his removal

An Assistant Inspector-General of Police (AIG) in charge of Zone 2, Mbu Joseph Mbu Monday failed to appear before the Federal High Court in Lagos in a suit seeking his removal.

He was also not represented by any lawyer despite being served with the suit.

The plaintiff, Mr Tope Alabi, a lawyer, is praying the court to strip Mbu of his rank and declare his office vacant for allegedly abusing his powers.

The plaintiff’s lawyer Mr Oladare Falana, who stood in for Mr Femi Falana (SAN) said the defendants had been served.

He said he was surprise that the defendants were not in court or represented by any lawyer.

“We have served all parties to the case with the processes.

“We have a motion on notice supported by a 27-paragraph affidavit and a written address.

“I seek to adopt the written address along with the motion on notice,” Falana said.

Justice Ibraahim Buba said that there was no doubt that the defendants had been put on notice as he had the proof of service.

In the substantive suit, numbered FHC/L/CS/149/15, the plaintiff is seeking a declaration that the first defendant (Mbu) “is unfit to be a police officer in Nigeria”.

It followed Mbu’s alleged threat to kill 20 innocent civilians for any policeman killed during the general elections.

The plaintiff is praying the court to direct Inspector-General of Police Suleiman Abba, the Police Service Commission and the Attorney-General of the Federation, Mohammed Adoke (SAN) (who are the second to fourth defendants) to declare Mbu’s office vacant and replace him without further delay.

Alabi said Mbu, as a senior police officer, swore to uphold to the rule of law and abide by the Constitution, but has allegedly been behaving as if he is above the law.

The latest of Mbu’s action, the lawyer said, is his directive to policemen under his Zone 2 Command covering Lagos and Ogun State.  “If one of my men is killed, I shall kill 20 of them but don’t shoot first,” Mbu was quoted as saying.

Alabi is praying the court to determine whether Mbu is fit and proper to remain in office considering his controversial utterances and “his public misconduct,” and whether the lives of Nigerians are not in danger as long as Mbu remains in office.

The plaintiff wants the court to hold that Mbu’s threat as widely reported in the news media is ultra vires (beyond his powers) and therefore in breach of Section 308 (1) (b) of the 1999 Constitution.

Alabi also wants a declaration that his life and those of other Nigerians are in danger as long as Mbu remains in office, and that their rights cannot be guaranteed unless Mbu is removed.

The plaintiff prays for an order of perpetual injunction restraining Mbu from giving any orders during the March 28 and April 11 general elections.

The plaintiff is asking for an order stopping Mbu from arresting any governor in light of Section 308 (1) (b) of the 1999 Constitution. The AIG had told officers to arrest any governor who goes to polling unit with an entourage.

Alabi said Mbu has no powers under the law to personally kill or direct officers under his control to kill innocent Nigerians in retaliation should any officer be attacked.

According to him, by Mbu’s utterance, he has chosen to flout the laws he swore to uphold as his statement is “capable of inciting mass killings, violence and anarchy.”

Alabi recalled that Mbu served in Rivers State and in the Federal Capital Territory where he continued to violate the Constitution by exhibiting “intolerant and unlawful” behavior, to the extent that the IGP had to distance himself from Mbu in the latest instance by restating that the mandate of the police is to “save and protect lives and not to kill.”

“It is in the interest of justice to declare the first defendant unfit to be and to remain a police officer in Nigeria, considering his public conduct all the time and to declare his position and seat vacant and a replacement made without delay ,” Alabi said in a supporting affidavit to the originating summons.

Mbu, the newly posted AIG in charge of Zone 2, rose to infamy for his unguarded utterances as well as his recent clashes with politicians, civil society activists, and journalists.

Last year, the #BringBackOurGirls protesters in Abuja slammed a N200 million damage suit against the Nigeria Police after Mr. Mbu banned their daily sit-ins to demand the release of the kidnapped Chibok girls. The police hierarchy promptly reversed the ban and the suit was dropped.

Also last year, Mbu detained and arraigned a journalist before a Magistrate for branding him ‘controversial’ during a TV programme. The magistrate struck out the charges.

Justice Buba adjourned till March 20 for hearing on the plaintiff’s interlocutory injunction.

Mbu absent in suit seeking his removal