In a significant legal development, a Federal High Court in Awka has declared that the current Inspector-General of Police, Usman Alkali Baba, is unlawfully occupying the office he holds. Justice Fatun Riman, in a judgment delivered in response to a suit filed by Okechukwu Nwafor, a taxpayer, emphasized that Baba's continued stay in office is in violation of the provisions outlined in the Police Act of 2020 and deemed it both "unlawful and unconstitutional."
According to the court's ruling, only an officer within the specified rank, with a minimum of four years in service, can be appointed as the Inspector-General of Police. It was established that Baba falls short of this requirement, making his appointment invalid. Although the judgment was delivered on May 19, 2023, a certified copy of the judgment became available on May 27, 2023.
The plaintiffs in the lawsuit took President Muhammadu Buhari, the Inspector-General of Police, the Attorney General of the Federation and Minister of Justice, and the Nigeria Police Council to court, seeking an order to prevent Baba from occupying the office further, as his tenure has expired.
After carefully considering the arguments presented by both parties, Justice Riman concluded in his judgment, "It is important to observe that the Inspector-General of Police is a public servant, and by virtue of being a member of the staff of the Nigeria Police Force, he is subject to the provisions of the Federal Public Rules, which mandate the retirement of all public service officers at the age of 60 or after 35 years of service, whichever comes first."
Furthermore, the court highlighted the limitations of the President's prerogative power, stating that it must adhere to the provisions of the Constitution. The retirement of the Inspector-General of Police is a matter governed by statutory and constitutional regulations, and no other law can supersede the foundational norms.
It is worth noting that Baba turned 60 years old on March 1, 2023, which marked the compulsory retirement age. However, his tenure was extended by President Buhari in January of the same year. This recent court judgment challenges the legality of that extension and raises concerns about the adherence to constitutional and statutory provisions in the appointment of high-ranking officials within the Nigeria Police Force.
