Usman Alkali Baba’s nomination as IGP and his continued tenure in that position have been ruled illegal by a federal high court in Awka, the capital of Anambra State.
According to Newsmen, Justice Fatun Riman made this ruling in a case with the case number FHC/AKW/CS/58/2023, which was brought by a taxpayer named Okechukwu Nwafor.
Alkali Baba was also told by the court to stop posing as the Inspector-General of Police. The Nigeria Police Council must meet as directed by the court in order to elect a new Inspector General of Police who will serve for a term of four years.
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The Federal Republic of Nigeria’s President, IGP Alkali Baba, Attorney General of the Federation, Minister of Justice, and Nigeria Police are named as defendants in the lawsuit.
A document obtained by Daily Independent showed that the judgement was delivered on May 19.
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.”
The court further ruled that the 2nd Defendant (Alkali) is ineligible to serve as the Inspector General of Police for the sole reason that doing so would violate the Nigeria Police Act, 2020’s crystal-clear and unambiguous Section 7(6) and amount to a complete disregard for it.
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Justice Riman also granted a declaration that the President has no authority to change the requirement for a police officer’s retirement as stated in Section 18(8) of the Nigeria Police Act, 2020.
In the judgement, Justice Riman stated that, “I have carefully considered submission of both counsel. The Defendant’s counsel referred to his paragraph 4 to 7, where it was averred as follows: “That it is a fact that a Federal High Court Abuja Division per Hon. Justice A. K Mohammed and Hon. Justice J. O. Omotosho have determined the issue of interpretation of section 216 of the 1999 Constitution, Section 7 (3) (@) and 18 (8) of the Nigeria Police Act, 2020 as it relate to remaining in office as the Inspector General of Police despite having retired as a Police Officer in the unreported cases of 23 or with suit No: FHC/ABJ/CS/106/2021 and MICHAEL SAM IDOKO AND NIGERIA POLICE FORCE & ORS in suit no: FHC/ABI/CS/106/2021 respectively.
“I must observe that the said judgements are not placed for examination in the counter affidavit or filed in Court which is necessary to guide this Court on the issue canvassed before the Court on the said suits.
“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.
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“See also Section 7 (3) of the Police Act, 2020. The Inspector General of Police tenure shall come to an end in February, 2020, four years from February 2021, by March 1, 2023, the 2nd Defendant was 60 years old, and two weeks later, marked 35 years he entered in the Nigeria Police Force” the court held.
According to Federal Public Rule 299 (PSR) of the Constitution, which provides for the mandatory retirement of all grades of public service officers at the age of 60 or 35 years of service, whichever comes first, the IGP is a public servant and a staff member of the Nigeria Police Force, an authority established by the Federation by Section 214 (1) of the Constitution.
“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 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 stated.
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The court added that the IGP retirement is a legislative and constitutional matter and no other legislation of the land can change the established norm, noting that the President’s prerogative power is subject to the Constitution’s requirements.
Regarding the Plaintiff’s locus standi, the trial judge made the observation that locus standi is a key idea in the administration of justice and that it limits access to courts for those who have legitimate grievances as well as defining the Court’s jurisdiction to hear cases brought before it.
“Thus, it is firmly established that a Plaintiff who fails to satisfy the interest and injury test will be denied the legal standing to sue to challenge any perceived act of unconstitutionality.
“It is my view, however, that required of locus standi is not necessary on constitutional cases as the application of the concept could impede the administration of justice,” the court noted, adding that there is the liberalization of the concept of locus standi where it involves constitutional matters, stressing that the deposition of the Plaintiff in his affidavit as a Nigerian and taxpayer has not been controverted.
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