Social activist and Abuja based lawyer, Ugochukwu Ezekiel has approached a Federal High Court sitting in Abuja to the seek the nullification of the law establishing the Nigeria Security and Civil Defence Corps (NSCDC).
The lawyer in his prayers contends that the “Nigeria Security and Civil Defence Corps (Amendment) Act, 2007 is in direct conflict with the provisions of Sections 214 and 215 of the Constitution of the Federal Republic of Nigeria (As amended)” and therefore, should be declared null and void and therefore unconstitutional.
Consequently, the lawyer is praying the court to among other reliefs declare “Section 3(1) (f) to (t) of the Nigeria Security and Civil Defence Corps (Amendment) Act, 2007…unconstitutional, 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).
And a declaration that “the provisions of Section 3(1) (f) to (t) of the Nigeria Security and Civil Defence Corps (Amendment) Act, 2007 is a duplication/usurpation of the duties of the members of the 4th Defendant [the Nigeria 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.”
The lawyer, therefore, calls on the court to issue “AN ORDER of perpetual injunction restraining the 1st [NSCDC] and 2nd [Commandant General of the NSCDC]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.”
Speaking with journalist on the suit, Mr. Ugochuckwu Ezekiel said that he had to take the legal action against the NSCDC because “if we are a democracy, we must also learn to obey our own laws. Our constitution is the basis for all our institutional actions and the NSCDC is in existence in flagrant violation of our constitution.”
“So, from all indications the NSCDC is an illegal and unconstitutional organisation and should scraped as soon as possible.
Joined in the suit as defendants are the NSCDC, the Commandant General of the NSCDC, the Inspector General of Police (IGP), the Nigeria Police and the Attorney General of the Federation.
The court has, however, not fixed a date for the hearing of the suit.
