Court asks AGF to warn Police against treating court with levity

JUSTICE Gabriel Kolawole of the Federal High Court in Abuja on Thursday asked the Attorney General of the Federation (AGF) and Minister of Justice to warn the Inspector General of Police on the consequences of treating courts with levity.

The Judge who issued the directive said Police, as an institution established by law must subject itself to obedience of law in the interest of the rule of law.

The reaction of the judge followed the failure of the police to appear before him in a case of enforcement of fundamental human rights suit instituted against the Police and four others by the Incorporated Trustees of the Peace Corps of Nigeria and its National Commandant, Ambassador Dickson Akoh.

At the resumed hearing of the suit yesterday, the Inspector General of Police and the Nigerian Police Force who are the major defendants in the court action were not in Court without any cogent reason and have no legal representation.

The AGF, the National Security Adviser (NSA), the Department of State Services (DSS) and its Director-General who are also defendants in the suit were represented by Mr Terhemba Agber, a lawyer from the Federal Ministry of Justice.

Counsel to the Peace Corps and its National Commandant, Kanu Agabi (SAN) had urged Justice Kolawole for an order restraining the Police from further taking steps against the plaintiffs in the pending court action.

Agabi, a former AGF had specifically pleaded with the judge to order the Police to vacate the corporate headquarters of the Peace Corps in Abuja, sealed off since February 28, 2017 and to also order the release of the vehicles and other properties carted away by the Police when the office was invaded.

The AGF’s counsel, Agber and three others urged the court to allow hearing of the parties in the matter before giving any order.

In his ruling, Justice Kolawole expressed displeasure over the absence of the Police in court without justifiable reason and added that the Police who were the antagonist in the case ought to have realised that a case for the enforcement of fundamental human rights to freedom of liberty ought to be treated with deserved urgency.

“It is an affront to the court for a party in a pending court action to take any further step in such a manner that may affect the foundation of the case which is the subject matter of the case.

“To take a further step in a pending court matter outside the court is nothing but self-help and the consequence of such action is contempt of proceedings.

“In a suit like this, especially in a matter of enforcement of fundamental rights to freedom or personal liberty, conduct of parties who have already joined issues must be carefully watched so as not to render the subject matter negative,” he said.

The Judge said it would not be in the interest of justice for any of the parties in the matter to resort to self-help or impose a faith accompli on the court adding that the parties who were already in court must not do anything to over reach the court.

Specifically, the judge said the certified true copy of his ruling should be served on the police through the office of the AGF to enable the Police realize the consequences of treating the court with levity.

He therefore, ordered the AGF and three other defendants to file processes within five days to regularize their already filed processes in response to the originating summons of the Peace Corps.

The judge adjourned hearing in the matter until May 15, 2017.