A Federal High Court sitting in Awka, has declared that the
Inspector-General of Police, Usman Alkali Baba, is an illegal occupant of the
office he is currently holding.
Justice Fatun Riman, who gave the order, insisted that
Baba’s continued stay in office is against the clear provisions of the Police
Act, 2020, saying it is “unlawful and unconstitutional”.
The court made the order in its judgment in a suit marked
FHC/AKW/CS/58/2023, filed by Okechukwu Nwafor, a taxpayer.
The court, in its judgment, 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 Muhammadu
Buhari, IGP, Attorney General of the Federation and Minister of Justice and
Nigeria Police Council before the court, seeking an order to stop the Baba from
further occupying office as his tenure has expired.
In his judgement, after listening to Counsel on 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.
“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.”
Baba clocked 60 years on March 1, 2023, which is the
compulsory year for retirement.
His tenure was extended by Buhari in January this year.
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