The Inspector General of Police (IGP), Usman Alkali, has been deemed to be an illegal occupant of the post he is now holding, according to Justice Fatun Riman of a Federal High Court in Awka.
Alkali’s appointment and ongoing tenure in office were therefore deemed “illegal and unconstitutional” by Justice Riman.
The court issued the directive in its ruling in the Okechukwu Nwafor, a tax payer, filed lawsuit with the case number FHC/AKW/CS/58/2023.
Justice Riman also ruled that only an officer with four (4) years of service in the stated rank and no less than four (4) years can be appointed as IGP.
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The court also ordered Alkali Baba to stop parading himself as the Inspector-General of Police (IGP).
The court ordered the President to convene a meeting of the Nigeria Police Council to appoint a new Inspector General of Police who will hold office for four years.
Defendants in the suit are the President of the Federal Republic of Nigeria, Usman Alkali Baba, Attorney General of the Federation and Minister of Justice and Nigeria Police Council.
In the judgement delivered on May 19, which was sighted by our correspondent on Saturday, the court declared that “by a community 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 (Alkali) is unlawful and invalid, the 2nd Defendant not being a person capable of fulfilling the mandatory requirement of tenure of office needed to hold the office of the 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.”
Justice Riman observed that the IGP being a public servant and by virtue of the fact that he is a member of staff of the Nigeria Police Force, an authority established from the Federation by Section 214 (1) of the Constitution and in 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 birth day 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.
Justice Riman observed that despite the prerogative power of the President, he is limited to the provisions of the Constitution, adding that the IGP retirement is statutory and constitutional issue and no other law of the land can change the ground norm.
