17th June, 2023
An Abuja based lawyer, Ugochukwu Ezekiel, has dragged the Nigeria Security and Civil Defence Corps, NSCDC, and its Commandant General to court over alleged usurpation of the constitutional duties of the Police
In the suit filed on May, 30, 2023, with no. FHC/Abuja/CS/769/2023, the legal practitioner also listed the Inspector General of Police, the Nigeria Police force, and the Attorney General of the Federation, as the 3rd, 4th and 5th defendants respectively.
In the suit, Ezekiel is asking the Federal High Court to determine whether Section 3(1) (f) to (t) of the Nigeria Security and Civil Defence Corps (Amendment) Act, 2007 was not unconstitutional and liable to be declared null and void for being in conflict with the clear provisions of Sections 214 and 215 of the Constitution of the Federal Republic of Nigeria (As amended) which had covered the field as regards the circularity of the Nigeria Police Force.
He argued that provisions of Section 3(1) (f) to (t) of the Nigeria Security and Civil Defence Corps (Amendment) Act was a duplication and usurpation of the duties of the members of the 4th Defendant as contained in Section 4 of the Nigeria Police Act, 2020 and subsumed by Section 214 of the Constitution of the Federal Republic of Nigeria (As amended) and therefore liable to be struck down as void.
The Plaintiff therefore asked the court to declare Section 3(1) (f) to (t) of the Nigeria Security and Civil Defence Corps (Amendment) Act, 2007 as unconstitutional and null and void for being in conflict with the clear provisions of Sections 214 and 215 of the Constitution of the Federal Republic of Nigeria (As amended) which had covered the field as regards the circularity of the Nigeria Police Force.
The lawyer also prayed the to court to declare that the provisions of Section 3(1) (f) to (t) of the Nigeria Security and Civil Defence Corps (Amendment) Act, 2007, was a duplication and usurpation of the duties of the members of the 4th defendant as contained in Section 4 of the Nigeria Police Act, 2020 and subsumed by Section 214 of the Constitution of the Federal Republic of Nigeria (As amended) and therefore void.
The lawyer seek an order of perpetual injunction restraining the 1st and 2nd Defendants from further carrying out any function stated in Section 3(1) (f) to (t) of the Nigeria Security and Civil Defence Corps (Amendment) Act, 2007 as same, which he said was in conflict with Sections 214 and 215 of the Constitution of the Federal Republic of Nigeria (As amended) and therefore void.
In the affidavit deposited before at the Federal High Court Registry, Abuja, Ezekiel said he is seeking the interpretation of the Constitution of the Federal Republic of Nigeria (As amended), the Nigeria Police Act, 2020 and the Nigeria Security and Civil Defence Corps (Amendment) Act, 2007.
He insisted that Section 3(1) of the Nigeria Security and Civil Defence Corps (Amendment) Act, 2007 offends, and contradicts the provisions of the Constitution, which guarantees one single Police Force for the entire Federation.
He reiterated that as far as Section 3 confers powers already conferred on the Nigeria Police by the Constitution, such provision, to the extent that it seeks to duplicate office or powers already covered by the Constitution is void.
He stated that NSCDC was specially mandated for the protection of public infrastructure and not general investigation of crime, which he explained had already been conferred on the Police by the Constitution of the Federal Republic of Nigeria (As amended).
He added that any provision which seeks to confer powers not related to protection of public infrastructure on NSCDC was in conflict with the Constitution and the intention of the National Assembly in creating the Corps.
According to him, Section 1(3) of the Constitution of the Federal Republic of Nigeria (As amended) provides that, “1(3) If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall to the extent of the inconsistency be void
He insisted that the Constitution of the Federal Republic of Nigeria is Supreme and any other law inconsistent with its provisions, to the extent of its inconsistency is void.
He referred to the case of MUSA V. INEC (2003) LPELR 24927, where the apex Court held, “Section 1(3) of the Constitution provided that: “If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall to the extent of the inconsistency be void.”
“I take as my starting point some interrelated propositions which flow from the acknowledged supremacy of the Constitution and by which the validity of the impugned provisions will be tested.
“First, all powers, legislative, executive and judicial must ultimately be traced to the Constitution.
“Secondly, the legislative powers of the legislature cannot be exercised inconsistently with the Constitution. Where it is so exercised it is invalid to the extent of such inconsistency.
“Thirdly, where the Constitution has enacted exhaustively in respect of any situation, conduct or subject, a body that claims to legislate in addition to what the Constitution had enacted must show that it has derived the legislative authority to do so from the Constitution.
“Fourthly, where the Constitution sets the condition for doing a thing, no legislation of the National Assembly or of a State House of Assembly can alter those Constitution in any way, directly or indirectly, unless, of course the Constitution itself as an attribute of its supremacy expressly so authorized.”
Ezekiel, however, prayed the court to resolve the sole issue in favour of the claimant and grant him reliefs he asked prayed for.
Meanwhile, it was learnt that the suit which is before Justice Iyang Ekwo of Federal High Court, Abuja has been adjourned to 17, July, 2023.