Festus Ogun, a lawyer and human rights activist, has filed a complaint in the Federal High Court to prevent Usman Baba from continuing to serve as Inspector General of Police beyond reaching the age of 60 on March 1, 2023.
In his petition, Mr Ogun asks the court to order the President, Major General Muhammadu Buhari (retd. ), the Attorney General of the Federation, Abubakar Malami, and the Nigeria Police Council to immediately appoint an acting Inspector General to replace Mr Baba.
The plaintiff has sued the President, Mr Baba, the AGF, and the NPC as the four defendants in the complaint challenging Mr Baba’s continuing stay in office after March 1.
Baba, 60, was appointed the IG on April 6, 2021 and confirmed two months later by the Nigeria Police Council.
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Ogun asked the court to determine if, by virtue of section 215 (1) A of the Nigerian Constitution (1999 as amended) and section 7 of the Nigeria Police Act, 2020, Mr Baba could “validly continue to function as the Inspector General of Police not being a serving member of the Nigeria Police Force as from midnight of March 1, 2023.”
Citing the same constitutional and statutory provisions, Mr Ogun also asked the court to grant an order directing and compelling Baba to immediately vacate the office of the IGP and forthwith refund to the Federal Government of Nigeria every entitlement, salary and remuneration received during the period within which he “illegally occupied office as the IG” from the date of his retirement.
In his prayers, he asked the court to declare that Baba “cannot lawfully continue to function as the IG” and that “all actions” taken by him thereafter “are unconstitutional, illegal, arbitrary and wrongful”.
He also asked for an injunction “restraining Baba from parading himself as the IG and from performing functions, exercising powers and duties attached to the office of the IG.”
He urged the court to issue “an order mandating” Buhari and the NPC to immediately appoint Baba’s replacement.
The ANAEDOONLINE can confirm that the respondents are yet to file their responses to the suit.
Meanwhile, Ogun further urged the court to grant the orders and take proceedings as the judge may think just and expedient, if the defendants do not respond to the originating summons issued in Abeokuta, Ogun State, to be served at the Federal Capital Territory.
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