The Inspector-General of Police, Muhammed Adamu, alongside the Nigeria Police Force (NGF) and the Minister of Police Affairs, Mohammed Dingyadi, on Monday, appealed against the order of the Federal High Court in Abuja halting police recruitment.
The court had granted the order that the IG and the minister should stay action on the process of recruitment of 10,000 police constables.
The appellants filed the five grounds notice of appeal before the Court of Appeal in Abuja shortly after Justice Inyang Ekwo of the Federal High Court re-affirmed an order for parties to maintain the status quo in respect of the subject matter, on Monday.
The IGP, the NPF and the minister, however faulted the Monday’s order in their notice of appeal.
Among other grounds of appeal, they contended that Justice Ekwo erred in law to have issued the order when the notice of preliminary objection challenging the jurisdiction of the Federal High Court was pending before the court had not been heard and determined.
They contended, through their counsel, Dr. Alex Izinyon (SAN), they filed a notice of preliminary objection to the jurisdiction of the court to entertain the suit on October 29, 2019 and the judge was duly informed about it on November 4, when the suit came up for hearing.
They noted that the court, without hearing them on what the status quo was, “proceeded to make an order that status quo should be maintained”.
The appellants also contended that “the trial court erred in law when it granted the order that status quo be maintained and thereby pre-judged the pending notice of preliminary objection filed by the 1st – 3rd defendants and the substantive issues before it.”
Justice Ekwo earlier on Monday ordered parties to the suit to maintain status quo and adjourned till November 11 for hearing.
The suit marked FHC/ABJ/05/1124/19 was instituted by the Police Service Commission against the defendants – the Nigerian Police Force, Inspector-General of Police, Muhammed Adamu, and the Ministry of Police Affairs.
The order by Justice Ekwo drew protest from Izinyon, representing the first to the third defendants, who said the judge did not define what constituted the status quo when the recruitment process had been concluded.
Earlier on October 23, Justice Ekwo ordered the IGP and the PSC to maintain the status quo by staying further action on the subject matter of the suit which is the recruitment.
On Monday, PSC, through its counsel, Barth Oluohu, told Justice Ekwo that the police authorities had directed shortlisted candidates to proceed to various police training schools in the country in an alleged contravention of the October 23, 2019 order of the court restraining parties to the suit to stay action.
Justice Ekwo held that the earlier status quo pronounced at the previous hearing should be respected.
Following the application by the IGP, and the co-defendants, the Attorney-General of the Federation has been joined as the fourth defendant in the suit.
He adjourned till November 11 for hearing.
