NBA-SPIDEL Drags IGP, PSC To Court For Providing Police Protection To ‘Illegal’ LG Caretakers

The Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) has filed a suit at the Federal High Court in Abuja against the Inspector General of Police and the Police Council over the deployment of security details to caretaker local government chairmen.

The originating summons marked FHC/ABJ/CS/247/2024 was brought by the NBA-SPIDEL Chairman, John Aikpokpo-Martins and Secretary Funmi Adeogun on behalf of themselves and section members.

The lawyers contend that providing police personnel to caretaker committee chairmen of LGs violates Sections 1(1) and 7(1) of the 1999 Constitution which guarantees democratically elected councils.

They argue that Supreme Court decisions have declared caretaker committees illegal, hence the police deployment enables an unconstitutional system and is contemptuous of court judgments.

The NBA-SPIDEL is seeking court declarations that the defendants lack powers to assign security to caretaker council heads, an order directing immediate withdrawal of the police details and compelling the IG to arrest persons parading as caretaker LG chairmen or members.

NBA-SPIDEL also demands N20 million damages from the police leadership for alleged “gross violations” of the constitution and apex court decisions.

In a supporting affidavit, the lawyers claim they wrote the IGP in January over the issue but police deployment to illegal caretaker council heads continues in states like Benue, Plateau and Ondo.

NBA-SPIDEL seeks for the determination of the following questions:

Whether, the provisions of Sections 1(1) and 7(1) of the Constitution of the Federal Republic of Nigeria, 1990, as amended recognizes the administration of local governments in Nigeria by caretaker or interim committees, other than democratically elected local government councils?

Whether the 1st and 2nd Defendants are not bound by the provisions of the Constitution of the Federal Republic of Nigeria, 1990, as amended, and the decisions/admonitions of the Supreme Court, particularly in the following cases: in carrying out their statutory duties of policing and providing security services to key public officials?

Whether, the 1st and 2nd Defendants have the vires and power to provide security services to Chairmen and members of Caretaker or Interim Committees of Local Government Councils in Nigeria, being illegal bodies and unknown to the Constitution of the Federal Republic of Nigeria, 1990, and extant Laws and as so declared by the Supreme Court of Nigeria in the cases of Gov. Ekiti State vs. Olubunmo (2017) All FWLR (Pt. 873) page 1592; A.G. Plateau State v. Goyei (2007) 16 NWLR (Pt. 1059 page 57 @ 94 paras A-B; .G. Benue State vs. Umar (2008) 1 NWLR (Pt. 1068) pg. 311 @ 363B-F?

Whether, the 1st and 2nd Defendants are not in breach of the provisions of the provisions of Section 7(1) of the Constitution of the Federal Republic of Nigeria, 1990, as amended, by their acts of providing/deploying security services/details to Chairmen and members of Caretaker or Interim Committees of Local Government Councils in Nigeria?
Whether, by the combined effects of the Supreme Court decisions in the following cases: Gov. Ekiti State vs. Olubunmo (2017) All FWLR (Pt. 873) page 1592; A.G. Plateau State v. Goyei (2007) 16 NWLR (Pt. 1059 page 57 @ 94 paras A-B; A.G. Benue State vs. Umar (2008) 1 NWLR (Pt. 1068) pg. 311 @ 363B-F, declaring caretaker/interim committees of Local Government Councils as illegal and Section 287(1) of the Constitution of the Federal Republic of Nigeria which provides that “the decision of the Supreme Court shall be enforced in any part of the Federation by all authorities and persons and by courts with subordinate jurisdiction to that of the Supreme Court”, the 1st and 2nd Defendants can provide/deploy security services/details to Chairmen and members of Caretaker or Interim Committees of Local Government Councils in Nigeria?

Whether, by virtue of Supreme Court decisions aforesaid that caretaker/interim committees of Local Government Councils are illegal and unknown to the 1999 Constitution, the 1st and 2nd Defendants are not in violent breach of Section 287(1) of the provisions of the Constitution of the Federal Republic of Nigeria, 1999 and in gross contempt of the Judgments of the Supreme Court by continuing to provide official security and protocol services to the illegal Chairmen and members of Caretaker or Interim Committees of Local Government Councils in Nigeria?
Whether, by the combined effect of the Supreme Court decisions Gov. Ekiti State vs. Olubunmo (2017) All FWLR (Pt. 873) page 1592; A.G. Plateau State v. Goyei (2007) 16 NWLR (Pt. 1059 page 57 @ 94 paras A-B; A. G. Benue State vs. Umar (2008) 1 NWLR (Pt. 1068) pg. 311 @ 363B-F, declaring caretaker/interim committees of Local Government Councils in Nigeria as illegal and Section 287(1) of the Constitution of the Federal Republic of Nigeria which provides that “the decision of the Supreme Court shall be enforced in any part of the Federation by all authorities and persons and by courts with subordinate jurisdiction to that of the Supreme Court”, the 1st and 2nd Defendants are not under lawful obligation to arrest and prosecute any person or group of persons who parade themselves as, and/or assume the name, duties and office of Chairman/Chairmen and member/members of Caretaker or Interim Committees of Local Government Councils in Nigeria?
AND THE PLAINTIFF CLAIMS AGAINST THE DEFENDANTS JOINTLY AND/OR SEVERALLY AS FOLLOWS:
A declaration that, by virtue of the provisions of Sections 1(1) and 7(1) of the Constitution of the Federal Republic of Nigeria, 1990, the administration of local government councils in Nigeria by caretaker or interim committees are unconstitutional.

A DECLARATION that the 1st and 2nd Defendants being creations of law are bound by the provisions of the Constitution of the Federal Republic of Nigeria, 1990, as amended, and the decisions/admonitions of the Supreme Court, particularly in the following cases: Gov. Ekiti State vs. Olubunmo (2017) All FWLR (Pt. 873) page 1592; A.G. Plateau State v. Goyei (2007) 16 NWLR (Pt. 1059 page 57 @ 94 paras A-B; A.G. Benue State vs. Umar (2008) 1 NWLR (Pt. 1068) pg. 311 @ 363B-F; all being judgment in rem.

A DECLARATION that the 1st and 2nd Defendants lack the vires and power to provide security services to Chairmen and members of Caretaker or Interim Committees of Local Government Councils in Nigeria, being illegal bodies and unknown to the Constitution of the Federal Republic of Nigeria, 1990, and extant Laws and as so declared by the Supreme Court of Nigeria in the cases of Gov. Ekiti State vs. Olubunmo (2017) All FWLR (Pt. 873) page 1592; A.G. Plateau State v. Goyei (2007) 16 NWLR (Pt. 1059 page 57 @ 94 paras A-B; .G. Benue State vs. Umar (2008) 1 NWLR (Pt. 1068) pg. 311 @ 363B-F.

A DECLARATION that the 1st and 2nd Defendants are in violent breach of the provisions of Section 7(1) of the Constitution of the Federal Republic of Nigeria, 1990, as amended, by their regular acts of providing/deploying security services/details to Chairmen and members of Caretaker or Interim Committees of Local Government Councils in Nigeria.
A DECLARATION that by the combined effects of the Supreme Court decisions in the following cases: Gov. Ekiti State vs. Olubunmo (2017) All FWLR (Pt. 873) page 1592; A.G. Plateau State v. Goyei (2007) 16 NWLR (Pt. 1059 page 57 @ 94 paras A-B; A.G. Benue State vs. Umar (2008) 1 NWLR (Pt. 1068) pg. 311 @ 363B-F, declaring caretaker/interim committees of Local Government Councils as illegal, and Section 287(1) of the Constitution of the Federal Republic of Nigeria which provides that “the decision of the Supreme Court shall be enforced in any part of the Federation by all authorities and persons and by courts with subordinate jurisdiction to that of the Supreme Court”, the 1st and 2nd Defendants cannot and are prohibited from providing/deploying security services/details to Chairmen and members of Caretaker or Interim Committees of Local Government Councils in Nigeria.

A DECLARATION that by virtue of Supreme Court decisions aforesaid that caretaker/interim committees of Local Government Councils are illegal and unknown to the 1999 Constitution, the 1st and 2nd Defendants are in violent breach of the provisions of Section 287(1) of the provisions of the Constitution of the Federal Republic of Nigeria, 1999 and therefore, in gross contempt of the Judgments of the Supreme Court by continuing to provide official security and protocol services to the Chairmen and members of Caretaker or Interim Committees of Local Government Councils in Nigeria.
A DECLARATION that by the combined effects of the Supreme Court decisions Gov. Ekiti State vs. Olubunmo (2017) All FWLR (Pt. 873) page 1592; A.G. Plateau State v. Goyei (2007) 16 NWLR (Pt. 1059 page 57 @ 94 paras A-B; A. G. Benue State vs. Umar (2008) 1 NWLR (Pt. 1068) pg. 311 @ 363B-F, declaring caretaker/interim committees of Local Government Councils in Nigeria as illegal and Section 287(1) of the Constitution of the Federal Republic of Nigeria which provides that “the decision of the Supreme Court shall be enforced in any part of the Federation by all authorities and persons and by courts with subordinate jurisdiction to that of the Supreme Court”, the 1st and 2nd Defendants are under lawful and mandatory obligation to arrest and prosecute any person or group of persons who parade themselves as, and/or assume the name, duties and office of Chairman/Chairmen and member/members of Caretaker or Interim Committees of Local Government Councils in Nigeria.
AN ORDER directing the 1st and 2nd Defendants to withdraw immediately all security personnel provided by the Nigerian Police Force and attached to Chairmen and members of Caretaker or Interim Committees of Local Government Councils in Nigeria.

AN ORDER compelling the 1st Defendant to arrest and prosecute any person who parades or holds himself out or assumes the name, office, and duties of a chairman or member of a Caretaker and/or Interim Committee of any Local Government Council in Nigeria.

An order of perpetual injunction restraining the 1st and 2nd Defendants either by themselves and/or through their officers, agents, servants and privies from providing/deploying and/or further providing/deploying security personnel for the personal protection of Chairmen and members of Caretaker or Interim Committees of Local Government Councils in Nigeria.

The sum of N20, 000,000.00 (Twenty Million Naira) as punitive, exemplary and condemnable damages against the 1st and 2nd Defendants to be paid to the Plaintiffs, for their unrepentant violations of the provisions of the Constitution and extant decisions of the Supreme Court of Nigeria.