Lawyers for the Federal Government and National Assembly of Nigeria have fought a lawsuit challenging the establishment of the Nigeria Police Trust Fund.
The lawsuit also seeks the immediate refund of all funds allegedly illegally withdrawn from federal accounts.
The Corporate Board of the Human Rights and Anti-Corruption Initiative, which filed the lawsuit, argues that in accordance with Article 162 of the Constitution of the Federal Republic, the allocations to the fund should be returned to the federal account for proper management. Nigeria.
The suit, marked FHC/ABJ/CS/726/2024, involves the Nigeria Police Trust Fund, the Federal Government of Nigeria, the Nigeria Police Council, the Attorney General of the Federation and the Nigerian National Assembly.
group claims
The group’s lawyer, Darlington N. Ozurumba, said the board and management of the Nigeria Police Trust Fund was unlawfully constituted pursuant to the Nigeria Police Trust Fund (Establishment) Act, 2019 and should be declared “null and void”. insisted. It is illegal, unlawful, unconstitutional, and void. ”
Mr. Ozurumba argued that the Trust Fund Board should be invalidated as it was not constituted by the federal government in accordance with the Constitution.
He argued that the law establishing the Nigeria Police Trust Fund usurps the mandate of the existing constitutional and statutory bodies responsible for the day-to-day management of the Nigeria Police Force.
He further added: “The defendants are enjoined from deducting a further 0.5% or any amount from the gross receipts accruing from the Federal Account to the Nigeria Police Trust Fund (NPTF) or diverting any amount to the Nigeria Police Trust Fund (NPTF). requested a permanent injunction. Fund. ”
What the federal government is saying
In a counter-affidavit of the Federal Government and the Attorney General of the Federation opposing the plaintiff’s first summons, Oni Michael, a public servant in the Civil Litigation Division of the Federal Ministry of Justice, Abuja, said the plaintiff’s affidavit was false. .
He said the creation of the NPTF was aimed at providing a legal framework for the management and control of the Special Intervention Fund for the continuous improvement of the operations and welfare of the Nigeria Police Force personnel. It claimed that it was aimed at supporting the established constitutional institutions in charge. .
Mr. Michael added that there is nothing in the Act establishing the NPTF that preempts the mandate of the existing constitutional and statutory executive body responsible for the day-to-day management of the Nigeria Police Force, as alleged by the plaintiffs. .
He submitted that the 1999 Constitution empowers the National Assembly to enact laws relating to peace, order and good governance in the Federation with respect to all matters listed in the exclusive list of the Constitution of the Federal Republic of Nigeria. .
“Contrary to the falsehoods contained in paragraph 18 of the petitioner’s affidavit, there is nothing in the Act of establishment of the NPTF that violates the constitutional provisions regarding duplication or usurpation of the duties of the Nigeria Police Council. There is no overlap; it works between the Nigeria Police Council and the Nigeria Police Trust Fund,” Michael said.
Michael explained that the case should be dismissed because the National Assembly consulted widely and submitted the Nigeria Police Trust Fund Bill to the people for feedback before it was passed into law in 2019.
What NASS says
In response to this incident, Congress, in a counter-affidavit against Esther Stephen’s dismissal, stated that all the powers of the NPTF are to enable it to perform the functions assigned to it by the founding statute, and that the NPTF It was submitted that there is no conflict with the mission of the Nigeria Police Council or any other government agency or agency;
The defense argues that the Nigeria Police Force is severely underfunded, hampering its ability to acquire advanced equipment, train personnel, and address critical security challenges across Nigeria, which is why the NPTF was created. said that it was done.
“Nigeria faces serious security challenges including kidnappings, bombings, Boko Haram and ISWAP activities, murderous herdsmen, unidentified gunmen, violent gang clashes and ethnic militia activities across the country. This is a notorious fact that we continue to face today.
“These funding shortfalls have necessitated the development of innovative solutions and strategies to address security issues outside of normal police budget allocations, leading to the creation of the Special Intervention Fund, known as the Police Trust Fund. ” the defendant added.
Esther submitted that the plaintiff would not be a contributor to the trust fund, but would be an indirect beneficiary of an enhanced security structure with a better trained and equipped police force.
“This action by the plaintiffs is a constitutional threat to national security. Granting the plaintiffs’ wishes would further exacerbate the problem of insecurity in Nigeria by depriving the Nigeria Police Force of necessary equipment and training. “I just let them do it,” Esther said, asking the court to dismiss the lawsuit as frivolous and persistent.
Nairametrics gathered that the case was adjourned by Justice Inyang Ekwo until January 20, 2025 for further hearing on all applications in the matter.
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