Mbu’s Redeployment Case Adjourned To Sept 26

A Federal High Court in
Port Harcourt, Rivers State, will on September 26t, 2013 commence hearing on the suit brought against the Attorney General of the Federation by a Port Harcourt-based private legal practitioner, Barr Ibiene Cotton Amachree  in the matter of the continuous wilful breach of the 1999 Constitution of the Federal Republic of Nigeria as amended by the State Police Commissioner Mbu Joseph Mbu as well as the enforcement of the concurrent resolutions of both chambers of the National Assembly for the re-deployment of the state Commissioner of Police in a suit No FHC/PHC/CS/219/2013.
The Presiding Judge, Justice H. A. Nganjiwa after hearing the exparte motion moved by the counsel to the applicant I.C. Amaechree granted the matter to be heard urgently as time permits.
Justice Nganjiwa while adjourning the  matter to the 26th of September, 2013, ordered that the Respondents be served with the Originating Summons before the next adjourned date.
Also joined in the suit are police service commission, Inspector-General of Police, Commissioner of  police, Rivers State and National Assembly as  2nd, 3rd, 4th and 5th defendants respectively.
The claimant is asking among other things, an order of the court for the immediate re-deployment or transfer of state commissioner of police, Mbu J. Mbu from the state, and order compelling the 2nd and 3rd defendants of ensuring or effecting the immediate re-deployment of the state commissioner of police from the state as well as for such order or orders as the Honourable Court may deem fit or necessary to make in the circumstances of the case.
The claimant’s also seeking the  court to determine whether by the obvious retrievable broken down relationship between the state Governor, Rt. Hon. Chibuike Rotimi Amaechi and the state commissioner of Police, Mbu  Joseph Mbu, as the latter have been in continuous breach of section 215 (4) of the 1999 constitution of as amended, should the 4th defendant Mbu J. Mbu not be re-deployed or transferred from the state, and whether by the Petition of the Governor the state against the commissioner of police, Mbu J. Mbu, should the commissioner of police not be re-deployed or transferred from the state.
He further asked the court to determine whether by one and two above and the concurrent resolutions of the both chambers of the National Assembly should the state commissioner of police, Mbu Johseph Mbu not be re-deployed or transferred from the state.
The claimant in a 39 paragraph affidavit of facts averred that governor Amaechi can only achieve the mandate to protect lives and properties in the state only if he has the co-operation and obedience of the state commissioner of the police, alleging that the state commissioner of police has willfully failed in his constitutional responsibility/Obligations the governor of the state.
He posited that the continuous stay and failure of the 4th defendant’s constitutional responsibility /Obligations to have continued to compromise and threatened the security of lives and property of Rivers People, residents and investors adding that Rivers People suffers security of their lives and property as a result of the security in the state been compromised.
The claimant urged the court to uphold all his argument as submitted in the suit as well as grants all the reliefs sought on the originating summons in his favour.