10th July, 2019
Justice Dorcas Agishi of the Federal High Court on Wednesday ordered the Inspector General of Police, Mohammed Adamu and Abba Kyari, Deputy Commissioner of Police (DCP) in charge of Intelligence Response Team (IRT) to appear on Sept. 25 to show cause why they should not be charged with contempt.
The order is coming seven days Agishi failed to produce a suspect in court for trial.
The suspect, Mr Nanpon Sambo, was very reportedly arrested and detained by the police since February 2019, but have not been charged before any law court in Nigeria.
Agishi ordered that the IGP and Kyari must appear before the court on the next adjourned date of Sep. 25.
”The IGP and Abba Kyari are to forthwith produce the accused person in the registry of the court here in Jos immediately for documentation and transfer to Jos Prisons pending the resumption of court from vacation.
“They are to appear before this honourable court on the next adjourned date of this case to show cause why the Court should not visit them with the consequence of contempt for deliberately disobeying its orders, “ Justice Agishi held.
Counsel to Sambo, D.G. Dashe, argued that the judicial powers of the federation shall be vested in the courts to which this section relates, being courts established for the federation”.
“The federal republic of Nigeria shall be a state based on the principles of democracy and social justice. It is hereby declared that – sovereignty belongs to the people of Nigeria from whom government through this constitution derives all its powers and authority,” he argued.
According to him, the Nigerian police force is a creation of the law and must at all times act in line with law that the arrest and long detention of his client without charge since Feb. is “unconstitutional.”
He prayed the court to order the remand of his client in Jos prisons pending when the court resumes from vacation to properly consider the circumstances of his arrest and further prayed the court for an order compelling the IGP and Kyari to appear before the court.
“The suspect should be brought to the court registry for documentation and immediate remand in a Jos Prison pending when the court would resume after this year’ judicial annual vacation,” he pleaded
NAN reports that Sambo is being tried for illegal possession of sophisticated fire arms but that shortly after the presidential elections, he was allegedly picked up by masked men of the IRT under the control of Abba Kyari.