Court Declares Usman Alkali Baba, IGP’s Appointment and Stay in Office Illegal
Usman Alkali, the current Inspector-General of Police, has been deemed an illegal occupant of his office by Justice Fatun Riman of the Federal High Court in Awka.
The court ruled that Alkali’s appointment and continued tenure in office are unlawful and unconstitutional.
This judgement was marked as FHC/AKW/CS/58/2023 and was the result of a lawsuit filed by taxpayer Okechukwu Nwafor.
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Justice Riman emphasised that only an officer with the required rank and a minimum of four years of service may be appointed Inspector General of Police. With less than four years of service, Alkali was deemed ineligible for the position.
In addition, the court ordered Alkali Baba to stop posing as the Inspector-General of Police. It also instructed the President to convene a meeting of the Nigeria Police Council in order to appoint a new Inspector-General for a four-year term.
In this case, the defendants include President Usman Alkali Baba of the Federal Republic of Nigeria, the Attorney General of the Federation and Minister of Justice, and the Nigeria Police Council.
In a judgement handed down on May 19 and made available to our correspondent on Saturday, the court ruled that Alkali’s appointment violates Sections 215 (a) and 216 (2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), as well as Sections 7 (2), (6), and 18 (8) of the Nigeria Police Act, 2020. It was stated that Alkali’s inability to meet the mandatory tenure requirements for the position of Inspector-General of Police is evident.
Justice Riman added that allowing Alkali to hold the position would be absurd and a violation of Section 7(6) of the Nigeria Police Act of 2020.
According to Section 18 (8) of the Nigeria Police Act, 2020, the court also ruled that the President lacks the authority to extend a police officer’s retirement conditions.
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In his decision, Justice Riman carefully considered the arguments presented by both sides’ solicitors. Justice A. K. Mohammed and Justice J. O. Omotosho, which dealt with the interpretation of pertinent constitutional and legal provisions, were not submitted for examination in the counter affidavit or filed with the court, he noted. Consequently, he argued that these decisions did not provide the court with any guidance.
According to Section 215 (1) (6) of the Constitution, the President appoints the Inspector-General of Police based on the advice of the Nigeria Police Council (NPC), which consists of the President, the Governors, the Chairman of the Police Commission, and the Inspector-General of Police. He also cited Section 7 (3) of the Police Act of 2020, which outlines the Inspector-General’s term of office.
The court ruled that the Inspector-General of Police’s term will end in February 2023, four years after February 2021. By 1 March 2023, Alkali attained the age of 60 and had completed 35 years of service with the Nigeria Police Force. As a public servant bound by Federal Public Rules 299 (PSR), which mandates retirement at age 60 or after 35 years of service, Justice Riman concluded that Alkali must resign on March 1, 2023.
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