“One week after Justice F. O Riman of a Federal High Court sitting in Awka made an order removing him from office, the Inspector General of Police, Usman Baba Alkali has continued to stay in office in disobedience to the valid order of the court and has just been accommodated at the venue of the inauguration of the new President Bola Ahmed Tinubu which the HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) as a sign that the Presidency of Tinubu may be lawless and reckless towards respecting the principle of Rule of Law.
Besides, the prominent Civil Rights Advocacy Group- HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) has kicked against the dictatorial, authoritarian and unconstitutional announcement by the new President that petrol subsidy is gone, a statement that HURIWA has described as inconsiderate, insensitive, irrational and reckless just as the Rights group has asked the organised Civil Rights community and the Labour unions to mobilise Nigerian workers and all proletarian people of Nigeria to embark on indefinite strike and Civil disobedience actions should President Bola Ahmed Tinubu not reverse his thoughtlessly irrational proposition to end the subsidy regime when inflation and poverty are tearing millions of Nigerians apart and sending many to their early graves due to intractable economic adversities.
HURIWA which queried President Bola Ahmed Tinubu for allowing the discredited and Court sacked Inspector General of Police Alhaji Usman Baba Alkali to attend the sacred oath taking ceremony in Abuja which is a desecration of the constitution and is a very bad sign of how President Bola Ahmed Tinubu may disrespect the rulings of Courts of competent authority as recognised by section 6 of the constitution of the Federal Republic of Nigeria just as the Rights group recalled that Justice Riman, had in the suit marked FHC/AWK/CS/58/2023, made an order restraining Usman Alkali from further parading himself as the Inspector General of Police of the Federal Republic of Nigeria or exercising any form of command or control over the Nigeria Police Force.
The court also granted an order mandating the President of the Federal Republic of Nigeria to immediately convene a meeting for members of the Nigeria Police Council for the purpose of appointing a new Inspector-General of Police capable of holding the office for the fixed term of four years unhindered by Section 18 (8) of the Nigeria Police Act, 2020 and also in line with the provision of Section 7 of the Nigeria Police Act.
The removal order followed a suit filed by one Okechukwu Nwafor against the President of the Federal Republic of Nigeria; Usman Baba Alkali; Attorney General of the Federation and Minister of Justice; and Nigeria Police Council, 1st to 4th defendants respectively.
The Originating Summons was brought pursuant to sections 2015 and 216 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), sections 7 and 18 (8) of the Nigeria Police Act, 2020.
In the judgement delivered on May 19, which was sighted by our correspondent, 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.
More so, the court made a declaration that “the 2nd Defendant (Alkali) is not qualified to hold the office of the Inspector General of Police for the sole reason that doing so will lead to absurdity which will amount to a complete breach and total disregard for the clear and unambiguous provision of Section 7 (6) of the Nigeria Police Act, 2020.
Also granted by Justice Riman was a declaration that the President has no power, whatsoever, to extend the condition for retirement of a Police officer as contained 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 MAXWELL MPENA VS. THE PRESIDNT OF THE FEDERAL REPUBLIC OF NIGERIA 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.
“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.
Justice Riman observed that the IGP being a public servant and by virtue of the fact that he is a member of staff of the Nigeria Police Force, an authority established from the Federation by Section 214 (1) of the Constitution and in subject of the Federal Public Rules 299 (PSR) thereof which provides for the compulsory retirement of all grades of public service officers at the age of 60 or 35 years of service, whichever comes first.
“In the instant case, the 2nd Defendant’s birth day 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.
Justice Riman observed that despite the prerogative power of the President, he is limited to the provisions of the Constitution,. adding that the IGP retirement is statutory and constitutional issue and no other law of the land can change the ground norm.
On the issue of the locus standi of the Plaintiff, the trial judge observed that locus standi is a central concept in the administration of justice and it delineates not only the jurisdiction of the Court to entertain matters brought before them but also restricts access to Courts to perform with genuine grievance.
“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 that there is 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 tax payer has not been controverted.
HURIWA warned President Bola Ahmed Tinubu to immediately extricate himself from lawlessness because it is yer morning for his administration to begin to disobey a court of competent jurisdiction just as the Rights group has asked the President to sack the illegal occupant of the office of the IGP Usman Baba Alkali without any further breach of the decision of the Competent Court of record.
HURIWA also wondered how the new President wants to commence his government by imposition of extremely economic measure such as the draconian removal of fuel subsidy which will lead to the skyrocketing of purchasing prices of goods and services in Nigeria just as the Rights group expressed shock that when 100 million households are absolutely poor, President Tinubu rather than ameliorate tje problems has added fuel to the fire. HURIWA warned that thd removal of fuel subsidy could snowball into popular uprising if not recersed immediately.
Comrade Emmanuel Onwubiko;
National Coordinator;
HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA).
29TH MAY 2023.