THE SUN NIGERIA
- Orders Buhari to appoint new IGP
A Federal High Court has ordered the Inspector General of Police (IGP), Usman Baba Alkali, to stop parading himself as the holder of the office after declaring his appointment and continued to stay in office as unlawful and unconstitutional.
Accordingly, the court has ordered President Muhammadu Buhari to convene a meeting of the Nigeria Police Council to appoint a new Inspector General of Police who will occupy the office for a period of four years.
Justice Fatun Riman sitting in the Awka division declared that the IGP’s continued stay in office is against the clear provisions of the Police Act, 2020.
The court in its judgment in suit number FHC/AKW/CS/58/2023, filed by Okechukwu Nwafor, further held that only an officer within the listed rank, with four years in service, can be appointed as IGP, not one with less than four years.
Although the judgment was delivered on Friday May 19, 2023, a certified copy of the judgment was cited by our correspondent on Saturday, May 27, 2023.
The plaintiffs in the suit 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.
The reliefs sought by the plaintiff include: “A declaration that by a communal reading of the provisions of sections 215(a) and 216(2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), Sections 7 (2) &(6) and 18(8) of the Nigeria Police Act 2020, the appointment of the 2nd Defendant is UNLAWFUL and INVALID, the 2nd Defendant not being a person capable of fulfilling the mandatory requirement of tenure of office of Inspector General of Police and /or the provisions of the 1999 Constitution of the Federal Republic of Nigeria (as amended) having not been complied with.
“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.
