In a significant legal development, Justice Fatun Riman of the Federal High Court in Awka, Akwa Ibom, has ruled that the current Inspector-General of Police, Mr. Usman Baba Alkali, is illegally occupying his position. The court’s judgment, delivered in suit number FHC/AKW/CS/58/2023, states that Alkali’s appointment and continued stay in office are both unlawful and unconstitutional.
The court specifically pointed out that the Police Act of 2020 clearly states that only an officer within the listed rank, with a minimum of four years in service, can be appointed as the Inspector-General of Police. Consequently, the court ordered Alkali Baba to immediately cease parading himself as the Inspector-General of Police.
Furthermore, the court directed the President to convene a meeting of the Nigeria Police Council to appoint a new Inspector-General of Police who will hold office for a fixed term of four years. This decision serves as a reminder that adherence to the law and constitutional provisions is of utmost importance.
The plaintiff in the case, Okechukwu Nwafor, described himself as a taxpayer and sought an order to prevent the IGP from further occupying the office as his tenure had expired. The court granted the plaintiff’s request, declaring that Alkali Baba’s appointment as the Inspector-General of Police is unlawful and invalid. It also highlighted the potential absurdity and breach of the Nigeria Police Act if someone with less than four years of service is allowed to hold the office.
Justice Riman emphasized that the retirement age for the Inspector-General of Police is a constitutional issue and cannot be altered by any other law. The court firmly established that the retirement age provision, as stated in the Police Act and Federal Public Rules, dictates that the IGP should step down at the age of 60 or after 35 years of service, whichever comes first. In this case, Alkali Baba’s birthday falls before the 35-year mark, making his continued stay in office in violation of the law.
The ruling underlines the significance of adhering to constitutional provisions and the limitations of the President’s prerogative power. The retirement of the Inspector-General of Police is a matter of statute and constitution, and no other law can supersede the constitutional provisions.
This judgment reflects the court’s recognition of the importance of constitutional matters and the liberalization of the concept of locus standi. The plaintiff’s status as a Nigerian citizen and taxpayer establishes his right to bring forth this case, ensuring that justice is administered appropriately.
As the legal proceedings continue, it remains a critical moment for the Nigerian Police Force and the nation as a whole. The appointment of a new Inspector-General of Police in accordance with the law will ensure effective leadership and the upholding of constitutional principles.