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Court Fixes April 16 For Judgment On Extension Of IGP’s Tenure

A file picture of the Inspector General of Police, Mr Mohammed Adamu, at a gathering in Abuja.

 

A Federal High Court sitting in Abuja has mounted April 16 to ship judgement within the go well with difficult the legality of the three-month tenure extension President Muhammadu Buhari granted to the Inspector-General of Police, Mohammed Adamu.

Justice Ahmed Mohammed adjourned the matter for judgement after all of the events adopted their ultimate briefs of argument on Tuesday.

Listed as defendants within the go well with which was introduced earlier than the courtroom by a constitutional lawyer, Mr Maxwell Opara, have been President Buhari, the police chief, the Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami, and the Nigeria Police Council.

The plaintiff, by his lawyer, Ezekiel Ugochukwu, urged the courtroom to declare the continued keep of Adamu as IGP as unlawful and unconstitutional, however the defendants prayed the courtroom to dismiss the go well with for missing in advantage.

Lawyer to the police chief, Alex Izinyon, who maintained his place on the matter argued that the choice to retain Adamu because the police chief was not in breach of both the 1999 Constitution, as amended, or the Police Act.

The counsel to the President, I. Elodimuo, additionally urged the courtroom to uphold the preliminary objection of the primary, third, and fourth defendants, raised in opposition to the go well with on the bottom that President Buhari – the primary defendant – retained Adamu in workplace because the IGP in train of the manager energy conferred on him by the Constitution.

According to him, the Constitution empowers President Buhari to nominate a serving police officer because the IGP, in session with the police council.

The authorized practitioner confused that neither the council nor the Police Service Commission disclosed that Adamu was not a serving police officer.

In a five-paragraphed counter-affidavit collectively filed with the AGF, President Buhari described the case of the plaintiff as “frivolous, unmeritorious and undeserving of the court’s attention”.

He, due to this fact, urged the courtroom to dismiss the go well with “with heavy cost”.

Iziyon, who additionally urged the courtroom to dismiss the go well with, argued that going by Section 136 of the Nigeria Police Act, his shopper, might stay in workplace because the IGP till 2024.

Adamu, who attained the utmost 35 years in service on (*16*) 1 however acquired a three-month extension of his tenure by President Buhari two days later, argued that his tenure had not elapsed.

He stated the brand new Nigeria Police Act gave him a four-year tenure which might solely expire in both 2023 or 2024.

According to the police chief, his tenure will lapse in 2023 if counted from 2019 when he was appointed because the IGP, or 2024 if counted from 2020 when the brand new Nigeria Police Act got here into power.

He, due to this fact, prayed the courtroom to dismiss the go well with.

Opara had in his go well with contended that by advantage of Section 215 of the Nigerian Constitution and Section 7 of the Nigeria Police Act, 2020, Adamu couldn’t validly proceed to operate because the IGP having retired as a member of the Nigeria Police Force from midnight of (*16*) 1, 2021.

The plaintiff, amongst different issues, prayed the courtroom to restrain Adamu from exercising any type of command or management over the Nigeria Police Force.

He equally sought an order of courtroom mandating President Buhari and the Police Council to instantly appoint a brand new IGP, in keeping with the provisions of Section 7 of the Nigeria Police Act.

Similarly, the plaintiff requested for a declaration that by the mixed impact of the provisions of Sections 215 and 216 of the 1999 Constitution and Section 7 of the Nigeria Police Act, 2020, the second defendant (Adamu) can not lawfully proceed to operate because the Inspector-General of Police, not being a serving member of the Nigeria Police Force as from midnight of (*16*) 1, 2021, and due to this fact all actions taking thereafter have been unlawful, null and void and constituted a breach of the Constitution and the Police Act.

He additionally sought a declaration that the failure of the primary (Buhari) and fourth (Police Council) defendants to nominate an IGP as of (*16*) 1, 2021, constituted an abdication of their duties below Section 215 of the 1999 Constitution and Section 7 of the Police Act.

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