Appointment

JUST IN: NBA sues Buhari, PSC, Adamu over constitutionality of IGP tenure extension

The Nigerian Bar Association has instituted a suit at the Lagos Division of the Federal High court against the President of Nigeria, as well as the Police Service Commission, and the Inspector General of Police, Mohammed Abubakar Adamu.

In the Suit brought by the NBA’s Public Interest Litigation Committee, the body seeks judicial determination on the constitutionality of the President’s extension of Mr Adamu’s tenure as the IGP for three months after he had, on February the 1st 2021, attained thirty-five years of service as a member of the Nigeria Police Force.

The Bar is of the view that Mr Adamu ceased to be a member of the Force when he attained the milestone of thirty-five years of service and that the President’s extension of Mr. Adamu’s tenure by three months, is unconstitutional, as he lacks the powers to do so.

According to the NBA’s president, Olumide Akpata, “The ubiquity of acts of impunity, especially by those in high public offices, portends an existential threat to the survival of this country and her hard-won democracy.”

The NBA predicated the suit on the combined interpretation of section 215 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) which provides that, “an Inspector General of Police shall be appointed by the President on the advice of the Nigeria Police Council from among serving members of the Nigeria Police Force”, As well as section 7(3) of the Nigeria Police Force Act of 2020, which states that the IGP shall be appointed on the advice of the Police Council from among serving members of the Nigeria Police Force”, and (6) which states that “the person appointed to the office of the IGP shall hold office for four years subject to the provisions of section 18(8) of the Act.

That particular portion of the NPF Act, s.18(8), reads, “every police officer shall on recruitment or appointment serve in the Nigeria Police Force for a period of 35 years or until he attains the age of 60 years whichever is earlier.”

No date has yet been fixed for hearing.

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