The Senate has threatened to order the arrest of the Inspector-General of Police (IGP), Ibrahim Idris, if he shuns its invitation at the end of the deadline today. Can the lawmakers make such an order? How would it be implemented? ROBERT EGBE asks.

The arrest of an Inspector-General of Police (IGP) on the orders of the National Assembly has no precedence in Nigerian history.



But, last Thursday, the Senate vowed to issue a warrant for the arrest of IGP Ibrahim Idris, unless he met today’s deadline to appear before its ad-hoc committee.
The committee, chaired by Senator Francis Alimikhena, is investigating allegations of abuse of office against Idris.

Alimikhena issued the threat after the IGP shunned a scheduled investigative hearing at the Senate.

The Edo North senator said the IGP was summoned by the panel on October 16, to respond to allegations made against him by Senator Isah Hamman Misau.

Senate’s summons

The basis of the Senate’s invitation of the IGP is the claims of a former Deputy Superintendent of Police (DSP), now Senator Misau.

Misau (Bauchi Central) stirred up the hornet’s nest when he alleged that police officers paid as much as N2.5 million to get special promotions and postings.

He accused the police boss of diverting money meant for the purchase of Armoured Personnel Carriers, Sports Utility Vehicles and other exotic cars.

He told the probe panel that the IGP purchased two jeeps for the wife of the President, Mrs. Aisha Buhari.

Misau also alleged that the IGP misused over N120 billion generated by the Police in one year from providing security for private firms and privileged individuals

He further alleged that the police boss impregnated a serving police officer and hurriedly arranged a marriage ceremony in Kaduna.

Idris, through the Police spokesman, Jimoh Moshood, dismissed the claims as unfounded and a smear campaign against the IGP.

The police spokesman asked Nigerians to disregard the allegations against the IGP

In like manner, Mrs. Buhari also denied the purchase of cars for her by the IGP.

On October 11, the Federal Government of Nigeria, through the office of the Attorney-General of the Federation, Abubakar Malami, filed two separate fraud charges against the Senator for making ‘injurious statements’ against the IGP.

The IGP’s suit

Idris, in a fundamental rights enforcement suit marked FCT/HC /CV/ 3158 /17, asked the court to declare both the Senate committee, set up to probe the allegations and the conduct of the committee as unconstitutional, null and void.

The police boss also wants the court to make an order stopping the committee from inviting him, sitting, conducting any hearing on the allegation, discussing or making any report in respect of the planned investigation pending the determination of his suit.

Through his team of lawyers, led by Charles Ogolu , Idris contended that the Senate President , without regard to relevant constitutional requirements in respect of the role of the Senate in investigations of allegations , set up the committee “ in reaction to “these frivolous allegations “ by Misau.

The IGP contended that “the act of the first respondent (Saraki) in constituting the committee is ultra vires, unconstitutional, null and void.

“The said committee so constituted is acting ultra vires, unconstitutional, null and void.”

Idris also faulted the constitutionality of the committee set up to probe him, seeking, among others,“An order restraining the President of the Senate and the entire Senate from receiving and discussing any report submitted to it by the committee set up to investigate the allegation against Mr. Ibrahim Idris pending the determination of this suit.”

Arrest: extent of lawmakers’ powers

The National Assembly’s powers to summon or issue warrants of arrest are as contained in Section 89(1) and (2). According to S.89(1)(d), the warrant is only for the purpose of compelling appearance.

Alimikhena said: “We invited the IGP to appear before our committee. This morning (last Thursday), we got a letter from his lawyer, Alex Iziyon, that he will not appear before this committee. He said the IGP has already gone to court and appearing will be sub-judice.

“It is our duty as a parliament to investigate the allegations raised. This committee was set up before they went to court. We cannot be stopped. No court can stop us from carrying out our duties. There is a separation of powers. No court can stop us.

“We will invite him again next Tuesday. There are issues about virement in the 2017 budget which Misau also raised. We need him to respond to these allegations. We will invite him again and he will appear before us. If he fails to appear, we will invoke Section 89 of the 1999 Constitution, as amended.”

Who can arrest an IGP?

A former IGP, Sunday Ehindero, in his book, Police and the Law in Nigeria, defines arrest as consisting in “the touching of a man’s body with a view to his restraint. Words may, however, constitute an arrest if they are intended to, and do in fact bring to a person’s notice that he is under compulsion and he submits himself to such compulsion.”

Theoretically, the IGP has no immunity from arrest. According to Section 308 of the 1999 Constitution (as amended), only the President, the Vice President, governors and deputy governors enjoy that privilege, while in office.

But, practically speaking, the IGP, like the heads of military or armed para-military organisations, appears to enjoy a de facto immunity from arrest which is tied to the President and safeguarded by the armed men under his command.

The IGP is a direct appointee of the President and, unlike other officers under his command, he is not subject to the disciplinary powers of the Police Service Commission (PSC).

Why PSC can’t intervene

The PSC is empowered under the law to appoint for promotion and exercise disciplinary control over persons in the Nigeria Police.

But under Section 6(1) of the PSC Act, such powers do not extend to the IGP. In other words, such powers belong to President Muhammadu Buhari.

On October 8, 2017, the PSC, in a statement by its Media, Press and Public Relations Officer, Ikechukwu Ani, confirmed its limitations in the Misau-Idris face-off.

“The Commission also wishes to state that its powers to do this do not cover the office of the Inspector-General of Police,” he said.

Legal views

Two Senior Advocates of Nigeria (SANs) Seyi Sowemimo and Festus Keyamo agreed that no law confers immunity on an IGP. They, however, noted that the court case aside, it may be near practicably impossible to physically compel an IGP to go where he does not want.

Sowemimo said: “An IGP doesn’t enjoy any immunity under the Constitution, so, there’s no reason why he cannot be arrested, but who is going to arrest him? Certainly none of his policemen would do that.

“So, these are the practical difficulties that the Senate faces. Yes, it has the power to issue a warrant for the arrest of anyone who holds the Senate in contempt, but now the man is saying there’s a case in court.

“Ordinarily, if there’s a case in court which touches on what the lawmakers are investigating, they have to defer to the case in court. They cannot resort to self-help; they should allow the court to pronounce.

“It is just one of those irritating things about the law, because we all know that the suit in court may be an avenue for him to avoid the Senate invitation.

“Unfortunately, our courts too allow themselves to be used, because a judge in such a situation should hear that matter quickly and probably direct that there is no ground, he should go and face his invitation at the Senate. But this matter could be dragged on for so long.

Sowemimo urged the Senate to await the decision of the court.

“It is sub judice and the lawmakers should not expect him to come and be answering them if he’s pursuing a case to restrain them in court.”

According to Keyamo, the court case is a ground for the Senate to suspend its invitation, “if they have been served.”

He noted that if the IGP failed to serve the lawmakers, then he had a duty to honour the invitation, otherwise, he would be giving the President a ground to remove him from office.

Keyamo said: “The IGP is not above the law. If they issue a warrant of arrest for him, he ought to take himself there because the warrant of arrest is usually directed to his office, to arrest anybody and bring before the Senate.

“Now he is the one involved, if he fails to obey and take himself there, it could be a ground for the President to remove him from office as IG, because that means that he expects everybody to obey the law and he, who is expected to enforce the law, is not obeying it.

“But, it may not be possible for somebody to arrest and take him to the Senate because he is the IG and no inferior officer can arrest him, except another agency altogether and those other agencies may not be empowered to do so.”

Can the Senate ask another agency to

arrest the IG?

Section 89(2) of the Constitution does not limit the execution of a warrant issued by the National Assembly to the Police. Thus, the lawmakers may authorise “any person” to effect service.

But the senior lawyers do not find that probable.

“That would be chaotic,” Keyamo said, “because the IG has ‘troops’ at his disposal. So, it would be practically impossible to invade the police headquarters and arrest the IG. What kind of troops will do that? There’ll be a shootout, there’ll be dead bodies. It’s only the President that he’s answerable to.”

Has an IGP ever been arrested?

Nigeria does not have a history of arresting police bosses, but on April 4, 2005, four months after leaving office, former IGP Tafa Balogun was arrested by the Economic and Financial Crimes Commission (EFCC) and successfully prosecuted for corruption. He bagged six months in jail after a plea bargain.

Iran’s experience

On March 10, 2008, the police chief of Iran’s capital city, Tehran, Reza Zarei, was arrested after allegedly being found nude in a local brothel with six naked women. Zarei was in charge of a programme for the “moralisation of the city”.

Will Idris honour the invitation?

The IGP seems to be undecided as to whether he will honour the Senate’s invitation. Last Friday in Abuja, he told State House correspondents that his appearance was conditional, on the advice of his legal team.

He said: “These are legal issues; we are discussing with our legal team, obviously if there is need we are going to appear for the sake of having respect for the senate, I will appear before them.” Ajuru Heart by name (400 level) Law student.