UPDATED: NBA faults extension of IGP’s tenure
The Nigerian Bar Association (NBA) has faulted the decision by President Muhammadu Buhari to extend the tenure of the Inspector General of Police (IGP), Mohammed Adamu.
The association has consequently sued the government at the Federal High Court in Lagos to compel a reversal of the purported tenure extension.
The suit, marked: FHC/L/CS/214/2021 has as defendants – the President of the Federal Republic of Nigeria, the Police Service Commission (PSC) and Mohammed Abubakar Adamu.
The NBA’s contention is among others, that the IGP ceased to be a member of the Nigeria Police Force when he attained the age of 35 years of service on February 1, 2021.
The NBA argued that the President’s purported extension of IGP Adamu’s tenure by three months contravened the provision of Section 215 (1)(a) of the Constitution and therefore, unlawful.
It stated, in a supporting affidavit, that Adamu, as the former Inspector General of Police, completed his 35 years of service as a police officer on February 1, 2021 but was purportedly extended by the first defendant
It added that on September 16, 2020, the President assented to the Nigeria Police (Establishment) Bill (now Act), which repealed the previous Police Act and fixed retirement age of all police officers at 35 years of service or 60 years of age, whichever comes first.
It added that as at February 1, 2021 Adamu had served the Nigeria Police Force for a period of 35 years.
The plaintiff added that as at February 4, 2021 Adamu had retired from the Police Force), but that President Buhari announced, through the Minister of Police Affairs, Mohammad Dingyadi, that Adamu’s tenure, as the Inspector General of Police, has been extended.
The argued that the actions of the defendants -President Buhari, the PSC and Adamu – (as it related to the purported tenure extension) are outside and in excess of the provisions of the Constitution of the Federal Republic of Nigeria.
The NBA is therefore praying the court for the following reliefs:
*A declaration that the act of the first defendant (the President), in purporting to extend the tenure of the third defendant (Adamu) as the Inspector General of Police after his retirement from the service of the Nigeria Policee Force is in contravention of the provisions Section 215(1)(a) of the Constitution of the Federal Republic of Nigeria 1999 as amended and therefore, null and void.
*A declaration that the act of the first defendant in purporting to extend the tenure of the third defendant, as the Inspector General of Police after his retirement from the service of the Nigeria Police Force, is in contravention of the provisions of Sections 7(3) & (6) and 18(8) of the Nigeria Police Act. 2020. and therefore unlawful, null end void
*A declaration that the the 1st defendant lacks the authority, vires and power to extend the tenure of the occupant/holder of the office of the inspector General of Police.
*An order setting aside the purported elongation of the tenure of the third defendant as the inspector inspector General of Police of Nigeria.
*An order, directing the third defendant to vacate forthwith, the office of the inspector General of Police and refund all salaries. allowances and benefits received from February 1, 2020 (when he retired from the Police Force) to the coffers of the Federal Government of Nigeria.
*An order of perpetual injunction restraining the first defendant either by himself and/or acting through any of his ministers, officers, servants and/or under any guise from the further breach of the provisions of Section 215({) of the Constitution of the Federal Republic of Nigeria (1999) as amended, by extending the tenure of the occupant of the office of the Inspector General of Police of Nigeria.
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