Inspector General of Police of Police Usman Alkali Baba, is an illegal occupant of that office, that should be replaced immediately, haven attained the age of 60, and 35 years of service, according to Justice F. O Riman, of the Federal High Court Awka, Anambra State
His continous stay in office is illegal and unconstitutional. The Judge made this statement in a recent court Judgment on Friday, 19th of May 2023, in SUIT NO: FHC/AWK/CS/58/2023 between Mr Okechukwu Nwafor – – – – – The plaintiff and
(1) President of the Federal Republic of Nigeria.
(2) Usman Alkali Baba
(3) Attorney General of the Federation and minister of Justice.
(4) Nigeria Police Council. Go and verify. According to the judge, despite the prerogative power of the president, he is limited to the provisions of the constitution.
The Judge held that, the inspector General of Police retirement is statutory and constitutional issue and no other law of the land, can change the ground norm.
So for President Mohammadu Buhari to extend the tenure of Usman Alkali Baba, after attaining 60 years and 35 years of Service, is grossly unconstitutional and illegal, a big violation of the constitution by section 215 (1)(6) of the constitution of the Federal Republic of Nigeria, and section 7 (3) of the police act 2020.
While delivering his judgment, Justice F. O Riman, solely relied on Provisions of the constitution, in reference to previous judgments that are similar to that of the IGP of police, & sections of the police act 2020, which bothers on the appointment of IGP, tenure, and retirement. Which president Muhammadu Buhari has openly violated continously.
The Judge held that the perogative power of the president, is limited to the provisions of the constitution. Which has mandated the president to immediately replace the impostor IGP, with a rightful one, while abiding by the provisions of the constitution and the police act 2020.
According to the police act of 2020, before a police officer is appointed to the rank of inspector General of Police, he/she must have a minimum of 4 years of service left in his or her 35 years statutory years of service. Or he/she must have a minimum of 4 years left, to attain
the age of 60 which is the mandatory age for retirement, going by the police act of 2020 section 18 (8). Such officer must be on a rank not below that of an Assistant Inspector General of Police. he/she must have at least first degree, years of experience & professional trainings
President Muhammadu Buhari violated the constitution and the police act of 2020, when he illegally extended the tenure of retired IGP Mohammed Abubakar Adamu, after he attained the age of 60, and 35 years of service. He violated the police act again in 2021, when he appointed
Usman Alkali Baba as inspector General of Police @PoliceNG, even when he didn’t meet up with the specifications and requirements mentioned in the 2020 police act for officers that are qualified for recommendation, to be appointed, to the rank of IGP.
Usman Alkali Baba, when he was appointed to the rank of IGP of police, he was 58 years of age, and had served 33 years in the police force. He had two years to attain 60 for retirement, and also two years to attain 35 years of service, for retirement. He wasn’t qualified
For appointment as IGP, because by the 2020 police act, it was mandatory for whoever police officer that must be appointed as IGP, to have a minimum of 4 years of service left, or 4 years before retirement. The 2020 police act, made it a 4 years minimum tenure base appointment.
The law was enacted to reform the police, ensure stability into the tenure of IGP’s, & also guarantee complete independence of the police, for effective service delivery. It was designed to flush out those old, corrupt, unproductive high ranking officers in the force. By the act,
Officers that meets up with all these requirements, shall be shortlisted by the Police service commission, amongst which one of them, will be recommended to the president for appointment as IGP, by the Nigeria police Council.
In 2021 before IGP Usman Alkali Baba was appointed,
Out of the 7 DIG’s and 29 AIG’s who were within the rank, for selection, only one officer had all the qualification and requirements that satisfied the constitution and the 2020 police act. To be recommended and appointed as IGP. But president Muhammadu Buhari didn’t appoint him.
He violated the police act by appointing Usman Alkali Baba, who had just two years to retire, when the act requires a 4 year tenure appointment. He further violated the constitution and police act 2020, by illegally extending the tenure of Usman Alkali Baba, even after attaining
The statutory 60 years of retirement, and 35 years of service. This prompted Mr Okechukwu Nwafor, to file this suit, so the court can intervane.
The court through Justice F. O Riman, has made a judicial pronouncement, stating clearly that Usman Alkali Baba’s continous stay in
Office is illegal and unconstitutional. That he should be immediately replaced, by the right officer who meets up with all the requirements under the police act 2020, to be appointed as IGP.
Amongst the currently serving 7 DIG’s and 33 AIG’s only two officers met up with the
2020 police act requirements, to be appointed as IGP.
They are DIG Moses A. Jitoboh, and AIG Frank E. Mba.
Moses Anbakina Jitoboh was born on the 1st of June, 1970 (53). He enlisted into the police force on the 10th of June 1994. He is expected to retire on the 10th of June 2029.
He is from Bayelsa state. While Frank Emeka Mba was born on the 9th of October 1972 (51). He enlisted into the police force on the 18th of June 1992. He is expected to retire on the 18th of June 2027. He is from Enugu state.
Amongst the top ranking officers in the Nigerian police
today, these are the only officers who satisfied the requirements of the constitution, and the police act 2020, to be appointed into the rank of inspector General of Police @PoliceNG. They have the required minimum 4 years before attaining 60, or 35 years of service.
On the issue of locus standi of the plaintiff, Justice F. O Riman ruled that Locus standi is a central concept in the administration of justice. And it delineate 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 or challenge any perceived act, of unconstitutionality. That however in his view, that required of
Locus standi, is not necessary on constitutional cases. As the application of the concept could impade the administration of justice. The judge held that the plaintiff is a Nigerian, and a tax payer. That he finds merit in his suit. Accordingly judgement is entered in his favour.
