Lead Image

Nuhu Ribadu. Photo: NEXT

Ribadu wins big in court

Print print Email email Share Share


The former Chairman of the Economic and Financial Crimes Commission (EFCC), Mallam Nuhu Ribadu, who went to court early this year to challenge his last December dismissal from the police, got a hefty approval Friday July 3 in the Abuja Federal High Court of Justice Mustapha Abdullahi that he is on the right track.

Justice Abdullahi held that the law requiring serving officers to first seek and secure the consent of the Police high command before suing their bosses negated the principles of natural justice. Any officer who wished to sue the Inspector General of Police has the right to do so the judge declared in his ruling.

Ribadu faced a number of huddles going into the case: his decision to drag the Police Service Commission (PSC), the Inspector-General of Police (IGP), and the Minister of Justice and Attorney-General of the Federation, Michael Aondoakaa (SAN) before the court challenging his dismissal from the force was contrary to the stipulations of the Police Act which states that an aggrieved officers must give a month notice before they could institute legal action against the authority. The police had also raised a preliminary objection to Ribadu's suit insisting that the court lacked the jurisdiction to entertain the case in the first place.

However, among the three issues addressed by the judge, he resolved two in favour of Ribadu and one in favour of the defendants.

To Ribadu's favor, the judge ruled that Ribadu had the locus standi to institute the action against the police; and that the expectation that Ribadu sought permission of the police authority before instituting the suit was illogical since he would be seeking permission from the same person who wronged him in the first place.

Since the police authorities, in challenging Ribadu, had argued that the former EFCC boss, by the action he filed was an abuse of court process, the judge also ruled that this was not true. Ribadu's actions were true and proper to the traditions of the court, said the Judge.

But it was not a straight walk over for Ribadu, as the court ruled against the procedure he adopted in filing the suit. In the judge's views, he should have filed the suit by way of writ of summons instead of the originating summon he adopted.

Justice Abdullahi, in his ruling said it was wrong for Ribadu to have approached it by a way of originating summon as it was also wrong for the police to ask that the case be struck out. He ordered that the proceeding be converted to writ of summon and asked the Ribadu's lawyer to file the writ of summon within 7 days. The case was adjourned till July 27.

Back
Dear Reader.
While we value your feedback we may block inappropriate comment. Please feel free to respond to new comments. Note also that 234NEXT bears no responsibility for what readers post and is not liable for any form of impersonation.

Reader Comments (29)


Posted by I.O on Jul 04 2009

FOR NIGERIA TO REACH THE PROMISE LAND THE AG MUST BE SACKED, TYPICAL YORUBA MAN AND OBJ'S BROTHER.HAVING THE CURRENT AG IN OFFICE APPEARS TO ME THAT MR PRESIDENT IS MAINTAINING DOUBLE STANDARED.

Posted by Jolene on Jul 04 2009

@ I.O, you are right. What is the AG still doing there? Is the President a MUMU or what?

Posted by Ani on Jul 04 2009

@I.O: Who be the typical Yoruba Man? Michael Aondoakaa? That man is from somewhere in the Middle Belt (probably Benue). Is tribalizing the issue necessary? How does OBJ come in? I agree with you that the man's stay in the Federal Cabinet is nothing fantastic to write home about. But don't forget that before he was appointed AG, the guys Chambers was (and probably still is) handling some of the highest profile election petitions against the ruling PDP Government for a number of AC candidates!!! Who knows, that man may 'have to' be in the 'system' for the length of this administration!

Posted by xhloro on Jul 04 2009

Its not a big win for nuhu its a trap! Which he desrves.

Posted by Ogakume Aguonye on Jul 04 2009

This is a victory for workers in the Nigeria Public Service, who, often times, are denied their personal freedom under the guise of the colonial fashioned Civil Service Rules. Why should an aggrieved worker be compelled to go through the same body or channel he is in dispute with in seeking redress to that dispute. Keep up the fight Ribadu. The future will certainly vindicate you.

Posted by Naija Na Waa on Jul 04 2009

Take a look at that picture of Ribadu and his office. Look at the opulence of the that office and its surroundings. Those are the things that Ribadu is missing and fighting for. Not for you and your so-called ideals. He had no time for you when he was in that office. He'll have no time for you if he is re-instated. Ribadu = El Rufai = UMYA = Aandookaa = Ibori = Okiro.

Posted by Elijah Chijioke on Jul 04 2009

@ Naija Na Waa, if that is your definition of opulence, then you must come from a really poverty stricken background.

Posted by Gbemi Akinbode on Jul 04 2009

Micheal Aodoakaa is Tiv, from Benue State. Obasanjo is (sadly) Yoruba from Ogun. I doubt if they are brothers. I agree that the AG should be sacked though. The man is doing a terrible job.

Posted by Wisdom Olu on Jul 04 2009

This is the problem with Nigeria. Do you guys have any substantial evidence that Michael Aondoakaa is doing a terrible job? Nigerians do not know what hey want thats why the charlatans keep playing us. since Nigeria's creation all the Attorney General's have been either yoruba, hausa or igbo and somehow they feel its their birthright to own that office. The likes of justice ayoola and all are failed attorney generals but no single yoruba man complains about them? Aondoakaa must be yoruba, igbo or hausa for him to be doing a good job? how funny. This guy is an excelent lawyer and stands tall among his mates. I simply hate tribal and sectional politics. The country can never develop like this.

Posted by Abiodun Giwa on Jul 04 2009

There are times you arrive at a conclusion that there is nothing like common sense, and like it is taught in Philosophy, it is good to subject all matters to scrutiny beyond the level of common sense.In the first place, I don't know what Ribadu is looking for. If it is justice, did he think it existed in the system in which he found himself as a Chairmsn of a body to investigate corrupt officers and didn't he see the restriction placed on him as a Public Officer from taking his boss to court negating common sense and a deprivation of constitutional rights; and didn't he know this as a Senior Police Officer? Ribadu is fortunate that the Judge chose to follow a philosophical view and not the letters of the Police Commission's rules. My view here is Ribadu being an insider of the system he had himself being an operator, I would want him to look at the ruthless manner the oligarchy dealt with MKO Abiola for his dare to challenge the same system for which he was a beneficiary? It is like the case of a secret cult memeber querying the cult he belongs. The penalty is often lethal. It is possible for Ribadu to get justice but based on the system operating in Nigeria, I doubt it. It is not about who is the President or the Minister of Justice, it is about the cult group who have Nigeria in their hands. They decide who becomes the President etc and it is considered criminal to act against them. The situation in Ogun state explains the secrecy of what is happening to governance in Nigeria and it is only that the case of Ogun State cultic oath taking has become public. Government in Nigeria is a cult. If you don't belong, you are not considered for anything, because you are regarded as an outsider. The endemic cult issue is not only in the Universities. I still don't know the extraordinary performance of Ribadu as a Police that made Obasanjo to have appointed him to that office above his superiors.Is it for the name and family link? As for Elijah Chijioke, who thinks Naija Na Waa must have come from a really poverty stricken background for describing Ribadu's office as opulent shows that 'sense' is not common and that it is a rare commodity most of us think we possess when we apparently don't. It is not unexpected that the Abuja crowd still have praise singers. There is nothing wrong from coming from a poverty stricken background as long you don't allow it to turn you into a scavenger to the joy of heartless souls who have commandeered Nigeria and her wealth as part of their personal estate. Wait, you gonna see children from poverty stricken background leading the Nigerian imminent revolution.

Posted by JERRY SODIPE on Jul 04 2009

Those who know Justice Mustapha would not expect less, he is a fearless and courageous judge and quite impartial too. It is rulings like this that gives one hope that all is not lost in our country and that there are still some people in the Judiciary who continue to uphold the rule of law. The Federal High Court rules are very clear and allows the Court in the situation as this to convert the originating summons to a writ of summons there and then and there is no reason for the Counsel to Ribadu to file a new writ, but all the same this is good news. The are very basic rules of law and procedure that we need not waste so much time on at all, just too elementary.

Posted by Elijah Chijioke on Jul 04 2009

Abiodun Giwa I don't think you even start to undersand what me and NNW were talking about so stop pontificating.

Posted by Busuyi O on Jul 04 2009

Im not surprised that Ribadu will win over the likes of Okiro. Shame on all those who know nothing about rule of law yet claiming they are all in all....shame on Yar'dua for his level of ignorant is now at the highest peak. No wonder he sued journalist for writing about his dying health. Ribadu carry on, disgrace them one by one legally and all means you can. Where ever you stop, we coming to take over....we will put them all corrupt leaders in jail!

Posted by Busuyi O on Jul 04 2009

Abiodun Giwa, i find it difficult to rationalize your point(s). Are you trying to say that Nuhu should not prosecute looters or he shouldnt have sued his employer for wrong doing on him? Cmon man, this is 21st century and we cannot continue to live in the past "occult way" of approaching national matters. Ribadu himself knows that when you fight corruption, corruption wil surely fight you back. So for any man who is ready to do what we all believe cant be done, that man must have known all the areas where those who dont want progress will fight back. Believe me, all cases institute against Ribadu can not overcome him if and only if the judge is not purposely working for Okiro, AGF, and Yar'dua. The bottomline is that someone must stand against all the cults activities you talking about, and it doesnt matter if the person is in the system or not. In fact, it will be better if the person is/was in the system because he/she will have knowledge to tackle the problems on ground and the one that may arise in the process. Its funny how some people are linking Aondoakaa with Yoruba and even OBJ....no wonder their judgment will be bias. Ribadu, carry on with the good work. The evidence that you did good is visible now. Since he left, what has EFCC under Waziri achieved? Nothing and thats how it will be till someone brave enough to face the "above the law" people. If given same job, many untouchables in Nigeria will be living in jail now!

Posted by Abiodun Giwa on Jul 05 2009

Basuyi, try to understand my point. Nuhu Ribadu belongs to the system. He did not cry fowl all the time that the system favored him and now that he is out he is seeking justice. i don't expect any of them brought up enjoying the corrupt system to do anything that would change the status quo. The judge's decision stems from his putting the provision of the Police Commission aside to foist a common morality on the rights of man. How far do you think that would go in our country?

Posted by micah ehud m. on Jul 05 2009

i don't know why nigeria always has a way of persecuting people with honest intentions for the good of the nation. i am not saying ribadu was perfect in office. no, what i am saying is that ribadu is actually the one who deserves presidencial amnesty for his excesses..

Posted by Naija Na Waa on Jul 05 2009

Have you ever wondered why the same Ribadu who derived joy in hummiliatng his preys before the courts and the cameras has yet to show up in court? He is enjoying his share of the loot from one choice city in Europe/America/Asia to another and you people are here fighting yourselves. What a wasted generation you are?

Posted by siji on Jul 05 2009

What the police were contending in court was that Ribadu did not file a pre-action notice which is a condition precedent for suing most government agencies. There's nothing against natural justice in it and i believe most lawyers here should know that. Seeking consent of the I.G may be wrong but giving notice is definitely not against the principle of natural justice.

Posted by Mukaddas Muhammed on Jul 05 2009

Kudos! to the Nigerian judiciary for the bold step taken towards adjudicating in this case without fear or favor. By the time this mess is wiped, young promising Nigerians within and outside law enforcement agencies would have the courage to carry out their official duties without the fear of future victimization.

Posted by koribo Harrison on Jul 05 2009

I am in a continual struggle to try and respect the views of others, hence i will let abiodun comments go unanswered. The court did a great Job and it gives us Hope like Fashola that all is not lost for this country.

Posted by denx on Jul 06 2009

Mr. Biodun, i do not quite agree with ur stand point on ribadu. take it or not he represents hope that honest and dedicated men exist and that we indeed would get things right someday. In all, he never prosecuted any innocent person,i stand to be corrected(forget the matter of selectivity)Do u think Fashola thats being hailed in lagos is perfect? certainly not,but hes the closest wev ever had to a true administrator cos i know he can do even much better than now. Is lagos not a better place now? But u nid to see KAI officers at work, u'l feel sorry for the affected lagosians, but things have to change.i seems to me u have something against Ribadu. Yes, he may have operated unusually, but i tell u thats how great beginnings start. So, every public official who tries to perform and runs foul of govt games should be buried? I wonder what ur reactions would be if Ezekwesili,soludo or okonjo iweala was in this mess. Ask urself this, why is it that its only the ministers that actually performed or had palpable achivements that are being hounded? cos thats all u need to run foul of the powers that be, cos results are achieved at tneir expense.How would u operate if u were there? trust me friend, being in govt and fighting corruption takes more than human efforts.See whats been happening since the guy left;it so sad that we as a people tend to get comfortable when performers are dragged down one after the other. Prof.Grange i say was a victim of the greed of others; seeing that is enuf to discourage anyone with gud intentions from taking public office. We should just learn to protect anything close to credibilty at whatevr expense cos leaving that behind is the least we can give the younger ones. I know how EFCC was feared under Ribadu. Do u know before ribadus EFCC u cud walk into just any buisness centre and get just any document even govt letter heads.Brother, thats a thing of the past now, Yahoo boys have stories of their own, its the politicians that caught the most attension. I think we just lost a golden opportunity of raising a role model in a rather comical manner.I think nija naa wa is just clowning around.

Posted by Julius Macaulay on Jul 06 2009

As i reflect in the current happenings in Nigeria, i begin to realize that we are in the right course of how things should be done in this country.Instead of jungle justice and dictatorship, we pray things are now going to be done legally and in due process. Long Live Nigeria !!! God Bless Nigeria ...

Posted by Adejor Abel on Jul 06 2009

I think the justice system in Nigeria should be comended. Like Julius mentioned we should seek the face of God and pray constantly. Nigerian Must pray against oppression and dictatorship and let due process be followed to make our country a TRUE NIGERIA. GREAT NIGERIAN!!!

Posted by david on Jul 07 2009

who said that is his office and what is in that office that is opulence. the guy that talked that must have a poverty mentality. Nigeria needs deliverance... from the super hawks that has held it captive. 2. the JTF have been asked to stay action, but the criminals are on the offensive, so is bunkering on the rise. okay go on soun. that is Nigeria for us.

Posted by ibukun on Jul 07 2009

nigerians seem incapable of an abrupt change in polity; the type required to start afresh on a clean note-some will call it revolution- but the watered down type are the ones offered by Ribadu and Rufai which inveriably will not succeed in isolation of other systemic failure of the political class mainly and Nigerians themselves. bottom line you can not eat your cake and have it. chose today

Posted by agbo on Jul 07 2009

Victory for public servant is all i have seen in the how process.

Posted by Naija Na Waa on Jul 07 2009

@Elijah Chijioke/David: It is easy to hide behind your keyboards and dismiss that office as anything but opulent. I can bet that none of you has ever seen, let alone enter, any office as grand. Ribadu knows what he left behind, that's why he has refused to move forward and would rather die reclaiming it; while you loaf around here crying more than the berieved. To the chap who was cataloging Ribadu's "achievements", you must be living in RibaduLand. That fantasy island where the only saints and achievers were Ribadu and El Rufai. You guys should join them at Harvard and Oxford, where the new breed of "exiles" reside.

Posted by Jinjin on Jul 08 2009

it is evident that our problem is deeper than corruption; it fundamentally bothers on our reasoning pattern, quite chaotic i must say. It is either comments are founded on tribal bias, envy or just for the fun of being heard. That said NNW, Julius, Abiodun and I.O what a waste you bunch are. You think this is about Ribadu!this is a reflection of who we are and why as a nation we have been getting the quality of leadership we deserve. Interestingly, you bunch have all anchored your arguements on the intentions of Ribadu despite credible attempts by other commentators on this forum to broaden your opaque horizon but it is obvious that you bunch are set in your ways.What an irony all you anchor you comments on is the slogan Rule of Law! Rule of Law! in a lawless society. I.O i see that you are now quiet as you have goofed! you can see the effect of tribalism; you apparently deduced that the name aodonka must be a yoruba name. if you had spent the time you wasted writing your comment on crosschecking your facts it would have saved you a lot of embarrasments!

Posted by olusegunlawani@yahoo.fr on Jul 17 2009

The begining of the end of police mighty power?



post a comment

Your name: *



* = Required information