Your stay in office is illegal, court fires IGP Usman Alkali Baba.

 

In a significant legal development, a Federal High Court in Awka has ruled that the current Inspector-General of Police (IGP), Usman Alkali Baba, is unlawfully occupying the office. The court, presided over by Justice Fatun Riman, declared that Baba's continued stay in the position is in direct violation of the Police Act of 2020 and is therefore illegal and unconstitutional.

The court's judgment, delivered in a case filed by Okechukwu Nwafor, a taxpayer, emphasized that only an officer of the prescribed rank with at least four years of service can be appointed as the IGP. It was further stated that Baba, who has less than four years of service, does not meet the requirements for the position.

While the judgment was officially rendered on May 19, 2023, a certified copy was made available on May 27, 2023. The plaintiffs in the case had brought legal action against President Muhammadu Buhari, the IGP, the Attorney General of the Federation and Minister of Justice, and the Nigeria Police Council, seeking an order to prevent Baba from occupying the office since his tenure had expired.

In delivering the judgment, Justice Riman underscored the fact that the IGP is a public servant and a member of the Nigeria Police Force, established under Section 214(1) of the Constitution. According to the Federal Public Rules 299 (PSR), all public service officers are required to retire at the age of 60 or after 35 years of service, as mandated by the Constitution. The judge further emphasized that the President's prerogative power is limited by the provisions of the Constitution and that the retirement of the Inspector-General of Police is a matter governed by statutory and constitutional provisions, which cannot be altered by any other law.

Usman Alkali Baba reached the age of 60 on March 1, 2023, which marked the compulsory retirement age. However, his tenure was extended by President Buhari in January of the same year. This court ruling challenges the validity of that extension and asserts that Baba's occupation of the office is unlawful based on the clear provisions of the law.

This judgment has significant implications for the leadership of the Nigeria Police Force and raises questions about the adherence to legal and constitutional procedures in appointments to key positions. It remains to be seen how this ruling will be implemented and what steps will be taken to address the situation in accordance with the court's decision.