A Federal High Court has issued an order declaring the appointment and continued stay in office of Inspector General of Police (IGP), Usman Baba Alkali, as unlawful and unconstitutional. The court has directed President Muhammadu Buhari to convene a meeting of the Nigeria Police Council to appoint a new IGP who will serve for a period of four years.
Justice Fatun Riman, presiding in the Awka division, stated that the IGP’s continued presence in office contradicts the clear provisions of the Police Act, 2020. The court ruled in favor of the plaintiff, Okechukwu Nwafor, in the suit filed under number FHC/AKW/CS/58/2023. It further clarified that only an officer meeting the specified rank requirements and having completed at least four years of service can be appointed as IGP.
While the judgment was delivered on May 19, 2023, a certified copy of the judgment was obtained by our correspondent on May 27, 2023. The plaintiffs in the case had named the President of the Federal Republic of Nigeria, Usman Alkali Baba, the Attorney General of the Federation and Minister of Justice, and the Nigeria Police Council as defendants. They sought an order to prevent the IGP from remaining in office beyond the expiration of his tenure.
The reliefs sought by the plaintiffs include a declaration that the appointment of the IGP is unlawful and invalid, as it fails to comply with the mandatory requirements of the tenure of office and the provisions of the 1999 Constitution of the Federal Republic of Nigeria (as amended), as well as sections of the Nigeria Police Act 2020.
“A declaration that the 2nd Defendant is not qualified to hold the office of the Inspector General of Police for the sole reason that doing so will lead to absurdity which will amount to a complete breach and total disregard for the clear and unambiguous provision of section 7 (6) of the Nigeria Police Act, 2020.” “A declaration that the 1st Defendant has no power whatsoever to extend the condition for the retirement of a Police officer as contained in section 18(8) of the Nigeria Police Act 2020.”
“An order restraining the 2nd Defendant from further parading himself as the Inspector-General of Police of the Federal Republic of Nigeria or exercising any form of command or control over the Nigeria Police Force.
“An order mandating the 1st Defendant to immediately convene a meeting for members of the 4th Defendant for the purpose of appointing a new Inspector General of Police capable of holding the office for the fixed term of four years unhindered by section 18(8) of the Nigeria Police Act, 2020 and also in line with the provisions of sections 7 of the Nigeria Police Act.” “Such further or other orders as this Honourable Court may deem fit to make in the circumstances of this case.”
In his judgement, after listening to Counsel in the matter, Justice Riman held, “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.”
“In my view, the requirement of locus is not necessary in constitutional cases as the application of the concept could impede the administration of justice.
There is a liberalisation of the concept of locus standi when it involves constitutional matters. The Plaintiff is a Nigerian taxpayer, as stated in his affidavit paragraph, and this has not been disputed. I find merit in this suit. Accordingly, judgment is entered in favour of the Plaintiff in accordance with the reliefs sought.”
Alkali Baba clocked 60 on March 1, 2023. However, Buhari in January extended his tenure, knowing fully well that he is to clock 60 years which is the compulsory year for retirement.
