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A federal high court in Anambra has ordered Usman Baba to stop parading himself as Nigeria’s inspector-general of police (IGP).
In a judgment delivered on May 14, Fatun Riman, the presiding judge, held that Baba’s continued stay in office after clocking the retirement age of 60 is illegal and unconstitutional.
He held that as a staff of the Nigeria Police Force (NPF), an authority established under Section 214 (1) of the constitution, Baba was bound by Rule 229 of the Police Service Rules which provided 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 birthday comes first. By the said Rule, the 2nd Defendant is obliged to step down on March 1st 2023,” the judge said.
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.
“Section 7 (6) of 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” the court added.
“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 (Baba) 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.
“Section 215 (1) (6) of the Constitution provides that the president shall appoint the inspector-general of police from serving members of the Nigeria police force on the advice of the Nigeria Police Council (NPC), which comprises of the president, governors, chairman of the police commission and the inspector-general of police.
“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.”
Consequently, Riman issued an order restraining Baba “from further parading himself as the IGP of the Federal Republic of Nigeria or exercising any form of command or control over the Nigeria Police Force”.
The court equally granted an order “mandating the president of the Federal Republic of Nigeria to immediately convene a meeting for members of the Nigeria Police Council for the purpose of appointing a new IGP 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 provision of Section 7 of the Nigeria Police Act
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