A lawyer, Ugochukwu Ezekiel, has asked a Federal High Court, in Abuja to stop the Nigeria Security and Civil Defence Corps from duplicating duties of the police.
The plaintiff, in an originating summons filed by his lawyers led by Oghenovo Otemu, said the anti-fraud unit recently created by the NSCDC was in conflict with the sections 1(3), 214 and 215 of the constitution (as amended), which conferred the power in the police.
Joined as first to fifth defendants are the NSCDC, the commandant general of NSCDC, Inspector General of Police, the police and the attorney general of the federation
Ezekiel in an affidavit filed in support of the summons averred that in 2007, the NSCDC Act, 2003 was amended to enhance its capacity to provide protection, crisis resolution and security to public infrastructure.
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“That surprisingly in section 3 of the amended act, the legislature inserted duties already reserved for the Nigeria Police Force by the Constitution of the Federal Republic of Nigeria (As amended).
“That as a result of the provision of section 3, which duplicated the duties of members of the 4th Defendant (police), the essence of the creation of the 1st Defendant (NSCDC) was eroded.”
He added that the NSCDC “Now dabbles into investigation of all manner of cases, which affects its core mandate of protection of public infrastructure.”
The plaintiff prayed the court to declare that section 3(1) (f) to (t) of the NSCDC (Amendment) Act, 2007 is unconstitutional and is null and void for being in conflict with the clear provisions of sections 214 and 215 of the Constitution of the Federal Republic of Nigeria (As amended), which has covered the field as regards the circularity of the Nigeria Police Force.
“That the provisions of Section 3(1) (f) to (t) of the NSCDC (Amendment) Act, 2007 is a duplication/usurpation of the duties of the members of the 4th Defendant (police) as contained in Section 4 of the Nigeria Police Act, 2020 and subsumed by Section 214 of the Constitution of the Federal Republic of Nigeria (As amended) and therefore void.
He prayed for an order of perpetual injunction restraining the 1st and 2nd defendants from further carrying out any function stated in Section 3(1) (f) to (t) of the Nigeria Security and Civil Defence Corps (Amendment) Act, 2007 as same is in conflict with Sections 214 and 215 of the Constitution of the Federal Republic of Nigeria (As amended) and therefore void.
