The legal teams of the Federal Government of Nigeria and the National Assembly have countered a lawsuit challenging the establishment of the Nigeria Police Trust Fund.
The suit is also seeking an immediate refund of all funds allegedly deducted illegally from the Federation Account.
The Incorporated Trustees of the Advocacy for Human Rights and Anti-Corruption Initiative, which filed the suit, argue that the allocations to the Fund should be returned to the Federation Account for proper management in accordance with Section 162 of the Constitution of the Federal Republic of Nigeria.
Joined in the suit marked FHC/ABJ/CS/726/2024 are the Nigeria Police Trust Fund, the Federal Government of Nigeria, the Nigeria Police Council, the Attorney General of the Federation, and the National Assembly of Nigeria.
The group’s lawyer, Darlington N. Ozurumba Esq., argued that the Board of Trustees and Management of the Nigeria Police Trust Fund were unlawfully constituted in accordance with the Nigeria Police Trust Fund (Establishment) Act of 2019 and ought to be declared “invalid, unlawful, illegal, unconstitutional, and void.”
Ozurumba contended that the Trust Fund Board should be nullified for not being constituted by the federal government in line with the Constitution.
He claimed that the act establishing the Nigeria Police Trust Fund allegedly usurps the duties of the already existing constitutional and statutory bodies responsible for the daily administration of the Nigerian Police.
He further requested “an order of perpetual injunction restraining the defendants from further deducting 0.5% or any sum whatsoever from the total revenue accruing to the Federation Account to the Nigeria Police Trust Fund (NPTF) or appropriating any sum of money to the Nigeria Police Trust Fund.”
In the Federal Government and Attorney General of the Federation’s counter affidavit opposing the plaintiff’s originating summons, Oni Michael, a civil servant in the Civil Litigation Department of the Federal Ministry of Justice, Abuja, stated that the plaintiff’s affidavit is false.
He argued that the creation of the NPTF aims to provide a legal framework for managing and controlling a special intervention fund for the continuous improvement of the operations and welfare of the Nigerian Police personnel, supporting the established constitutional bodies responsible for the administration of the Nigerian Police.
Michael added that there is nothing in the establishment act of the NPTF that usurps the duties of the existing constitutional and statutory administrative bodies in charge of the daily administration of the Nigerian Police, as claimed by the plaintiff.
He submitted that the National Assembly is empowered by the 1999 Constitution to make laws concerning the peace, order, and good governance of the Federation regarding any matter in the exclusive list of the Constitution of the Federal Republic of Nigeria.
“Contrary to the falsehood contained in paragraph 18 of the plaintiff’s affidavit, there is nothing in the establishment act of the NPTF that contravenes the provisions of the Constitution regarding the duplication or usurpation of the duties of the Nigeria Police Council, as there are no overlapping functions between the Nigeria Police Council and the Nigeria Police Trust Fund,” Michael stated.
Michael explained that the case should be dismissed because the National Assembly consulted widely and presented the Nigeria Police Trust Fund Bill to the public for feedback before it was enacted into law in 2019.
Reacting to the case, the National Assembly, in their counter affidavit deposed by Esther Stephen, submitted that all the powers of the NPTF are meant to enable it to perform the functions assigned to it by the establishment act and do not conflict with the duties of the Nigeria Police Council or any other organ or agency of government.
The deponent stated that there have been serious funding gaps confronting the Nigeria Police, hampering its ability to acquire sophisticated equipment, train personnel, and address significant security challenges across Nigeria, hence the creation of the NPTF.
“It is a notorious fact that Nigeria has faced and continues to face severe security challenges, including kidnappings, bombings, the activities of Boko Haram and ISWAP, killer herdsmen, unknown gunmen, violent communal clashes, and ethnic militia activities across the country.”
“These funding gaps necessitated the development of innovative solutions and strategies to tackle security issues outside the regular budgetary allocations to the Police Force, leading to the creation of a special intervention fund known as the Police Trust Fund,” the deponent added.
Esther submitted that the plaintiff is not a contributor to the Trust Fund but will be an indirect beneficiary of the enhanced security architecture stemming from a better-trained and equipped police force.
“This action by the plaintiff, as constituted, is a threat to national security. Granting the plaintiff’s wishes will only exacerbate the problems of insecurity in Nigeria, as it will deprive the Nigeria Police of necessary equipment and training,” Esther stated, urging the court to dismiss the action for being frivolous and vexatious.