Abuja — An Abuja Federal High Court has voided a section of the Police Act which restricts officers from suing the Police authorities. Justice Mustapha Abdullahi said the Act is inconsistent with Section 36 (1) of the1999 Nigerian Constitution which grants right to fair hearing and natural justice to an individual.

He gave the verdict in the suit filed by the former Chairman of the Economic and Financial Crimes Commission, Nuhu Ribadu against the Police Service Commission (PSC) challenging his dismissal from the Nigerian Police Force.

He dismissed Section 352 of the Police Act 1990 which requires a police officer to complain to the Inspector-General before suing.

"To my mind it is a right which may not be exercised. It is not a right that can restrain the plaintiff from coming to court."

He also dismissed arguments raised by Counsel to the Inspector General of Police, Milton Ohwovoridle (SAN) who referred to Section 367 of the Police Act that no officer can sue without approval of the Government.

While stating that the suit is not an abuse of court process as other suits filed by the plaintiff on the same issue had been discontinued, Justice Abdullahi however said it ought to have been commenced through writ of summon because the disputed facts in the substantive suit could only be settled through oral evidence.

The case has been adjourned till July 27 for continuation.