A Federal High Court in Abuja has declared the appointment and continued stay in office of the Inspector-General of Police (IGP), Usman Alkali Baba, as illegal and unconstitutional.
Justice Fatun Riman, ordered IGP Baba to stop parading himself as Nigeria’s Inspector General and directed President Muhammadu Buhari to convene a meeting of the Nigeria Police Council to appoint a new IGP.
The order followed, a suit marked FHC/AKW/CS/58/2023, and filed by Okechukwu Nwafor.
The Plaintiff had dragged President of the Federal Republic of Nigeria, Usman Alkali Baba, Attorney General of the Federation and Minister of Justice and Nigeria Police Council before the court, seeking an order to stop the IGP from further occupying office as his tenure has expired.
However, Justice Riman held that Alkali’s continued stay in Office negates the provisions of the Police Act, 2020.
“It is important to observe that the Inspector-General of police is a public servant and by virtue of the fact that he is a member of the staff of the Nigeria Police Force, an authority established from the Federation by Section 214 (1) of the Constitution and in the subject of the Federal Public Rules 299 (PSR) thereof which provides for the compulsory retirement of all grades of public service officers at the age of 60 or 35 years of service, whichever comes first.
“In the instant case, the 2nd Defendant’s (IGP’s) birthday comes first. By the said Rule, the 2nd Defendant is obliged to step down on March 1st 2023. The PSR retirement age provision, is mirrored in section 18 (8) of the Police Act, on the word “Shall” is used in the provision, it is mandatory. See the case of ISHOLA V. AJIBOLA 1994 4 NWLR PT 352 para 506 by Rhodes Vivour JCA (as he then was) and also IBRAHIM & ANOR V. AKINRISOLA (2010) LEPLR 444 CA, Section 7 (6) at the Police Act provides for a four-year term or tenure for the Inspector General of Police and the word “Shall” is also used in the said provision.
“I also observe that despite the prerogative power of the President, he is limited to the provisions of the Constitution. The Inspector General of Police retirement is a statutory and constitutional issue and no other law of the land can change the ground norm”, the court ruled.
