The Inspector-General of Police, Mohammed Adamu, has declared that he has constitutional right to stay in office till either 2023 or 2024, adding that his tenure did not lapse on February 1, 2021
Adamu whose tenure was extended for three months, made this known at the Federal High Court, Abuja, the Federal Capital Territory(FCT), following suit filed against the extension given him by President Muhammed Buhari
The police boss in his argument through his counsel, in objection to the suit, emphasised that the new Nigeria Police Act gave him a four-year tenure which would only lapse in either 2023 or 2024.
Adamu argued that, his tenure will lapse in 2023 if counted from 2019 when he was appointed as the Inspector General of Police, or 2024, if counted from 2020 when the new Nigeria Police Act came into force.
“Therefore based on our submission above, the combined effect of Sections 215 and 216 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Section 7 of the Nigeria Police Act, 2020, is that the 2nd defendant can validly function as the Inspector General of Police after midnight of February 1, 2021 in so far as he was a serving member of the Nigeria Police Force during the period of his appointment, as his tenure in office is specially regulated by Section 7(6) of the Nigeria Police Act which stipulates in unambiguous terms that upon his appointment he stays in office for four(4) years’,the written address stated.
“Therefore, if the 2nd defendant’s tenure in office is calculated from January 15, 2019 when he was appointed into the office of the Inspector General of Police, his tenure lapse in 2023. However, if his tenure in office is calculated from 2020 when the Nigeria Police Act, 2020 came into force his tenure in office ends in 2024.”
The office of Inspector General of Police is not governed by the general provisions applicable to the rest of the police force, stressing that the provision of “section 18(8) of the Nigeria Police Act, 2020 which is that ‘Every police officer shall, on recruitment or appointment, serve in the Nigeria Police Force for a period of 35 years or until he attains the age of 60 years, whichever is earlier,’ is with due respect, inapplicable to the office of the Inspector General of Police in the circumstance.”
The counsel argued that the effect of section 7(6) of the Nigeria Police Act, 2020 “is that immediately a person is appointed into the office of the Inspector-General of Police, a new legal regime is triggered off.”
The lawyer explained that from the various provisions of the law, it was “discernible” that “the office of the Inspector-General of Police is conferred with a special status, unique and distinct from other officers of the Nigeria Police force.”
The counsel declared that the Inspector General of Police upon appointment “is only accountable to the President of the Federal Republic of Nigeria and the Nigeria Police Council, stressing in view of this fact and submittion makes his office a quasi-political office with a tenure of four (4) years pursuant to Section 7(6) of the Nigeria Police Act, 2020.”,arguing that the plaintiff who deposed to the affidavit filed in support of the suit was “not directly in a position to know” if the police bosstenure had ended.
Adamu through his lawyer argued that the plaintiff, “is clearly not a staff member of the 2nd defendant (Inspector General of Police) and the Nigeria Police Force.”
“He failed woefully to state in his affidavit how he got the information that the 2nd defendant had retired from the Nigeria police. He also failed woefully to tender any document to support his claim,” the lawyer stated.
The counsel added that President Buhari did not abdicate his duty by not immediately naming a new Inspector General of Police on February 1, and also argued that the plaintiff was not competent to be heard on merit.
The lawyer urged the court to dismiss the suit at the preliminary stage among other grounds ,emphasizing that the plaintiff “lacks the locus standi to institute this sunt.”
The lawyer posited that the Federal High Court lacked jurisdiction to hear the suit since its subject matter is related “to employment and condition of service of the 2nd defendant, adding that by virtue of section 254(c)(1) of the 1999 Constitution (as amended) only the National Industrial Court has the jurisdiction to hear the suit.
Abuja-based lawyer, Maxwell Opara, had earlier filed a suit on February 3 to challenge the tenure extension of Adamu, arguing in his suit that by virtue of section 215 of the Nigerian Constitution and section 7 of the Nigeria Police Act, 2020, Adamu could not validly continue to function as the Inspector General of Police.
The lawyer in his suit, sought an order directing Adamu to stop functioning as the Inspector General of Police having retired as a member of the Nigeria Police Force from midnight of February 1, 2021.
The lawyer declared that ,the failure of President Muhammed Buhari and the Nigeria Police Council (NPC) to name a new Inspector General of Police on February 1 when Adamu was said to have completed his tenure amounted to abdication of duty.
Opara, therefore urged the court to compel Buhari and the Nigeria Police Commission to immediately appoint a new Inspector General of Police, in the suit he also sue the Attorney-General of the Federation, and the Nigeria Police Commission as defendants.
