The Lawyer to the embattled Inspector-General of Police, IGP, Ibrahim Idris, Alex Iziyon (SAN), has revealed the reasons why his client would not appear before the Committee set up by the Senate, to investigate allegations of favouritism and non-remittance of alleged internally generated revenue against the Police boss.
Alex Iziyon, stated that the matter was already in court, hence it will be sub-judice for the Police boss to appear before the Senate.
Recall, that Senator Isah Hamman Misau, had accused the IGP of not only extorting money from Commissioners of Police before posting, but said that the monies from Oil Companies were diverted into private pockets; and also alleged that High Profile Private individuals paid money to the IGP, to enjoy Special Police Protection.
The absence of the Inspector-General of Police however, was in compliance with his Lawyer’s submission, that in law, ‘Sub-Judice’ (Latin for ‘under judgment), means that a particular case or matter is under trial or being considered by a Judge or Court.
It is generally considered inappropriate to comment publicly on cases sub-judice, or to take action regarding a matter over which a suit has been filed, which can be an offence itself, leading to contempt of court, for which a person can be jailed.
Thus, going by the provision of the law, it is sub-judice for the IGP to appear before the Committee, since he was joined in the several suits filed before different courts on the same matter being investigated by the Committee.
Meanwhile, the Senate on Wednesday, had threatened to issue an arrest warrant against the IGP, if he fails again to appear before its Ad-hoc Committee investigating allegations of abuse of office against him.
Chairman of the Ad-hoc Committee, Senator Francis Alimikhena, gave the threat after waiting endlessly for the IGP for a scheduled investigative hearing in the Senate.
Alimikhena noted that instead of appearing before the Panel, the IGP through his Lawyer, Alex Iziyon, wrote to the Committee, informing it that the matter was already in court.
Alimikhena who appeared to have been angered by the letter, thundered that nobody, including the court, can stop the Senate from carrying out its constitutional duties.
He threatened that if the IGP fails to appear on November 7, 2017, the Committee would invoke Section 89 of the Constitution of the Federal Republic of Nigeria, to compel him to appear.
Alimikhena who quoted copiously Section 89 of the 1999 Constitution as amended, insisted that the IGP “will be summoned again, and must appear next Tuesday, 7th of November.
Section 89 of the 1999 Constitution as amended, which the Committee is relying on to issue a warrant of arrest on the IGP, reads: “For the purposes of any investigation under section 88 of this Constitutional and subject to the provisions thereof, the Senate or the House of Representatives or a Committee appointed in accordance with section 62 of this Constitution, shall have power to procure all such evidence, written or oral, direct or circumstantial, as it may think necessary or desirable, and examine all persons as witnesses, whose evidence may be material or relevant to the subject matter
“Require such evidence to be given on oath; summon any person in Nigeria to give evidence at any place or produce any document or other thing in his possession or under his control, and examine him as a witness and require him to produce any document or other thing in his possession or under his control, subject to all just exceptions.
“Issue a warrant to compel the attendance of any person who, after having been summoned to attend, fails, refuses or neglects to do so and does not excuse such failure, refusal or neglect to the satisfaction of the House or the committee in question, and order him to pay all costs which may have been occasioned in compelling his attendance or by reason of his failure, refusal or neglect to obey the summons, and also to impose such fine as may be prescribed for any such failure, refused or neglect; and any fine so imposed shall be recoverable in the same manner as a fine imposed by a court of law.
“A summons or warrant issued under this section may be served or executed by any member of the Nigeria Police Force, or by any person authorised in that behalf by the President of the Senate or the Speaker of the House of Representatives, as the case may require.”
Alimikhena said: “We invited the IGP to appear before our Committee. 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-judiced.
“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.”
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