---

---

Nigeria: Ribadu Faces Sack

Davidson Iriekpen And Yemi Akinsuyi

10 November 2008

---

Lagos — Former Chairman of the Economic and Financial Crimes Commission (EFCC), Mallam Nuhu Ribadu, is likely to be dismissed from the Nigeria Police Force, a senior police officer told THISDAY last night.

Ribadu, who was removed as EFCC chairman in controversial circumstances, is currently in court challenging his demotion by two ranks - from Assistant Inspector General of Police (AIG) to Deputy Commissioner of Police (DCP).

The police had frowned on Ribadu's court action, maintaining that the Police Act does not permit any serving member of the force to take legal action against the authorities - although there is a unanimous agreement among top lawyers, who spoke to THISDAY yesterday, that the former EFCC chairman's right to sue the force is guaranteed by the 1999 Constitution.

The senior police officer, who spoke to THISDAY in strict confidence, said by going to court without first seeking the approval of the Inspector General of the Police (IGP), Ribadu had "shot himself in the foot" and will be made to face disciplinary action.

"He has already been issued a query," the officer said. "If his explanations are not satisfactory, you can guess the next action. Police Service Commission (PSC) is empowered to discipline erring officers based on the recommendations of the police authorities. His sack is imminent."

The officer described Ribadu as a "very arrogant person" whose reply to the query is expected to be very "insulting", thereby paving the way for "appropriate sanction" by the Force Disciplinary Committee which is yet to be set up.

The committee, THISDAY was told, will be made up of all the Deputy Inspectors General of Police (DIGs) and the Force Secretary.

Preparatory to the disciplinary action, a nine-page query was sent to Ribadu last Thursday, THISDAY was informed.

He was accused, among other things of "misconduct", "discreditable conduct" and "negligence to complain to appropriate authorities".

He was said to have violated Rules 030402 (w), 030301 (ii) and 090201 of Public Service Rules 2006 as well as sections 352 and 357 of the Police Act (2004), which deal with issues of seeking "internal redress" rather than a resort to court action by members of the force.

Force Public Relations Officer (FPRO), Mr. Agberebi Akpoebi, confirmed to THISDAY on phone last night that Ribadu had been queried.

He said since Ribadu is still in at National Institute for Policy and Strategic Studies (NIPSS), "he could still take his time before replying the query".

If Ribadu is eventually dismissed, it would be the third in a four-step action threatened against the former EFCC chairman by a former governor, THISDAY was told last night.

"The former governor threatened that Ribadu would be removed as EFCC chairman and that he would be demoted thereafter," the source said. "He said Ribadu would then be dismissed from the force before he is eventually jailed."

But contrary to the position of the Police High Command that Ribadu lacks the locus standi to sue the force, a cross section of lawyers yesterday faulted the argument.

Akpoebi had said: "It will be fool-hardy to sue somebody while you are still on the pay roll of the person. Though, it will be sub-judicial to talk on the matter, but the fact remains that he does not have the right under the Police Act to do so."

Former President of the Nigerian Bar Association (NBA), Chief Wole Olanipekun (SAN), told THISDAY that constitutionally, when a Nigerian says his fundamental human rights have been infringed upon, "he has the right to go to any court of law to ventilate his grievances".

Olanipekun noted that although there are some laws which make it mandatory for a civil servant to take permission from his employee before suing it, "such laws must give way to Constitution which is the supreme law of the land".

He argued that it was not proper to shut the doors against anybody who wants to challenge the infringement of his/her fundamental human rights.

Also, the immediate past President of the association, Chief Olisa Agbakoba (SAN), said it was wrong for anybody to think that Ribadu has no right to sue the police for any infraction on him by the Force.

Agbakoba stated that the right to sue is a constitutional matter enshrined in Section 6 of the 1999 Constitution, adding that every other Act, "whether Police Act or otherwise, is not superior to the Constitution".

"Every Nigerian has a right to sue his or her employer. It is a constitutional right stipulated in Section 6 of the 1999 Constitution, so Ribadu cannot be an exception. If any infraction is meted out on him, he has the right to go to court to seek redress," he said.

Human rights lawyer and President of West African Bar Association (WABA), Mr. Femi Falana, said the right to go court "is a constitutional right which cannot be denied any citizen", adding that the fact that Ribadu is a policeman does not mean he cannot sue his employee.

Falana argued that since the Constitution of the country transcends every other laws in the land, it means the former EFCC boss has the right constitutional backing to go to court if he so desires.

"Access to court is a fundamental right guaranteed by Section 6 of the constitution and Article 7 of the African Charter on Human Rights. It is contemptuous to query any person for filing a legal action to protect his rights. Once a case has been initiated in court, no party can be allowed to punish a claimant with a view to preventing the legal process to run in full.

"The right to go court in Nigeria, is a constitutional right which cannot be denied any citizen, so I do not see why people should frown at Ribadu going to court to exercise his constitutional right. And don't forget that the constitution of the country transcends every other law in the land. So Ribadu has the right constitutional backing to go to court if he so desires," he said.

Lagos-based lawyer and human rights activist, Mr. Festus Keyamo, also disagrees with the police high command. He argued that every citizen has the rights to go to court to guarantee his fundamental human rights.

"Ribadu has every right to go to court like any other citizens. The 1999 Constitution guarantees the rights of the individuals to ventilate his or her rights in the court. Nobody can deny Ribadu that right. Whether what he is complaining about is justified or not, is another matter altogether."

Keyamo explained that "before going to court, a civil servant is expected to have exhausted all the internal administrative mechanisms. I expected Ribadu to have exhausted internal administrative remedies first. If he has done that, nobody can deny him the right to go court. Whether he has indeed exhausted those remedies, I don't know."

Also, a constitutional lawyer, Mr. Mike Ozekhome, argued that Sections 6 and 36 of the 1999 Constitution make it absolutely clear for anybody to sue for any infraction, especially if such infraction affects the person directly. "If Ribadu cannot sue the police for his rights, I don't know of any Nigerian who has the locus standi to do that." he said.

On his part, human rights lawyer and former convener of the United Action for Democracy, Mr. Bamidele Aturu, who aligned himself with the submission of Falana, said since Ribadu is a Nigerian citizen, he has the right to sue and be sued.

Aturu said since Nigeria was not feudal state, it was wrong to think that a policeman cannot sue the Inspector General of Police or the Police Service Commission.

Diary of Debacle...

March 2003: Ribadu appointed EFCC chairman.

April 2007: Obasanjo controversially renews Ribadu's tenure.

May 2007: Yar'Adua sworn in as president.

December 2007: Ribadu sent on compulsory senior officers' course at NIPSS; removed as EFCC chairman.

August 2008: Police Service Commission announces the demotion of 140 police officers. Ribadu downgraded by two ranks.

October 2008: Ribadu goes to court to challenge his demotion.

Read comments. Write your own.

---