– says it’s an abuse of court process
Justice John Tsoho of the Federal High Court in Abuja, on Tuesday, struck out a suit filed by the Inspector-General of Police (IGP), Ibrahim Idris against the Senate President, Bukola Saraki and the Senate over his summon by the Senate.
In a judgment delivered in the suit, numbered, FHC/ABJ/ CS/ 457/2018, Justice Tsoho held that the IGP’s suit constitutes an abuse of court process.
The court agreed with the arguments canvassed by the defendants that the suit, as filed by the plaintiff is subjudice.
Justice Tsoho said he didn’t see any harm that would have been caused if the Police boss had honoured the invitation of the Senate.
“I hold that the Plaintiff (Inspector-General of Police) ought to have honoured the invitation of the Senate, instead of running to the court to stop the Senate from investigating him.
“The action of the Plaintiff amounts to an abuse of court process and, it is hereby struck out”, Justice Tsoho held, adding also that the IGP ought to have honoured the second invitation of the Senate on him, having failed to respond to the first one as he was on an official assignment to Bauchi state with President Muhammadu Buhari.
Justice Tsoho returned another suit the IGP filed against the Senate and its President to the Chief Judge of the Federal High Court, Justice Adamu Abdu-Kafarati for re-assignment to another Judge for hearing and adjudication.
“This suit is similar to the one I just delivered judgement on and it will be in the interest of justice if this suit is returned to the Chief Judge for re-assignment to another Judge.
“Consequently, this suit is hereby returned to the Chief Judge for re-assignment to another Judge”, Justice Tsoho held.
IGP had, in his suit prayed the court to restrain the Senate and its President, Bukola Saraki or their agents or any committee from insisting that he must appear before the upper legislative chambers in person, to the exclusion of any of his subordinate officers.
The IGP also explained to the court why he could not honour the Senate invitation in person, saying he was “directed by the President to be among the presidential entourage embarking on a two-day official trip to Bauchi State and therefore on the said April 26, 2018, he was in Bauchi State on an assignment.
He added that, “That as a result of the above development, he then directed and delegated the Deputy Inspector General of Police, Operations, an Assistant Inspector General of Police and the Commissioner of Police, Kogi State, who had adequate knowledge of the two subject matters which the Senate required briefing, to appear before the Senate on April 26, 2018 on his behalf”.
However, the plaintiff told the court that the Senate refused the appearance of the aforesaid officers.
Also, in the suit filed by his lawyer, Dr. Alex Izi
