Falana takes over suit seeking Mbu’s removal

Femi Falana, a Senior Advocate of Nigeria (SAN) and rights activist, on Thursday took over as lead counsel for the prosecution of a suit seeking the removal of Mbu Joseph Mbu as assistant inspector-general of police in charge of Zone 2.

Tope Alabi, a lawyer, had filed the suit before the federal high court in Lagos, seeking Mbu’s removal over alleged abuse of powers.

The suit was specifically hinged on a statement made by Mbu threatening to kill 20 civilians in the place of a policeman that is killed during the forthcoming elections.

At the resumed hearing on Thursday, Falana announced appearance for the plaintiff and moved an ex-parte application on his client’s behalf.

The application was for leave to serve the police service commission with the suit in Abuja.

“We have a motion for leave to serve the third respondent outside jurisdiction,” Falana said.

Justice Ibrahim Buba granted the application.

The plaintiff also filed three other applications, which have not been heard.

They are a motion for interim injunction restraining Mbu from giving any orders to officers under him during the general election, pending the hearing of the plaintiff’s motion for interlocutory injunction.

The motion for interlocutory injunction is seeking to restrain Mbu from giving any orders pending the hearing of the substantive suit.

The plaintiff also has a pending application seeking to abridge the time within which the suit will be heard and determined in view of its urgency.

In the substantive suit, numbered FHC/L/CS/149/15, the plaintiff is seeking a declaration that the first defendant (Mbu) “is unfit to be a police officer in Nigeria”.

The plaintiff is praying the court to direct Suleiman Abba, the inspector-general of police; the police service commission; and Mohammed Adoke (SAN), the attorney-general of the federation, who are the second to fourth defendants, to declare Mbu’s office vacant and replace him without further delay.

Alabi said Mbu, as a senior police officer, swore to uphold to the rule of law and abide by the constitution, but has allegedly been behaving as though he is above the law.

Mbu’s latest of action, the lawyer said, is his directive to policemen under his Zone 2 Command covering Lagos and Ogun states that “if one of my men is killed, I shall kill 20 of them but don’t shoot first”.

Alabi is praying the court to determine whether Mbu is fit and proper to remain in office considering his controversial utterances and “his public misconduct,” and whether the lives of Nigerians are not in danger as long as Mbu remains in office.

Justice Buba adjourned till March 16.