- IGP Usman Alkali Baba
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A Federal High Court sitting in Awka, Anambra State has declared IGP Usman Alkali Baba an unfit occupant of the Office of the Inspector General of Police (IGP), ordering him to stop parading self as the IGP henceforth.
Justice Fatun Riman of the court declared that Alkali is an illegal occupant of the office he is presently holding.
The judge, therefore, declared Alkali’s appointment and continued stay in office as “unlawful and unconstitutional”.
The court made the judgment in a suit marked FHC/AKW/CS/58/2023, filed by Okechukwu Nwafor, a Nigerian tax payer.
Justice Riman further held that only an officer within the listed rank, with four (4) years in service, can be appointed as IGP, not one with less than four (4) years.
The court also ordered Alkali Baba to stop parading himself as the Inspector-General of Police.
The court ordered the President to convene a meeting of the Nigeria Police Council to appoint a new Inspector General of Police who will hold office for four years.
Defendants in the suit are the President of the Federal Republic of Nigeria, Usman Alkali Baba, Attorney General of the Federation and Minister of Justice and Nigeria Police Council.
In the judgment delivered on May 19, which was sighted on Saturday, the court declared that Alkali’s appointment violates the provisions of Sections 215 (a) and 216 (2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), as well as Sections 7 (2) and (6) and 18 (8) of the Nigeria Police Act, 2020. It stated that Alkali’s lack of qualification to fulfill the mandatory tenure requirements of the Inspector-General of Police position is evident.
Justice Riman further asserted that allowing Alkali to hold the office would lead to absurdity and a complete disregard for Section 7 (6) of the Nigeria Police Act, 2020.
The court also declared that the President has no authority to extend the retirement conditions for a police officer, as outlined in Section 18 (8) of the Nigeria Police Act, 2020.
Earlier before the foregoing Awka judgement, the Abuja division of the Federal High Court in Abuja had dismissed a suit seeking the sack of the Inspector General of Police (IGP), Usman Baba Alkali.
Justice James Omotosho, who delivered the judgment on a Tuesday, held that the suit by Michael Sam Idoko, who claimed to be a “social crusader,” lacked the locus standi to file the suit and cannot hide under the guise of public interest to approach the court on the issue of whether or not the IGP should retain his office.
Justice Omotosho held that the plaintiff failed to establish that he has any peculiar or special interest in who occupies the office of the IGP over and above other Nigerians.
He held noted that there was no evidence showing that he (the plaintiff) is a serving police officer, who is qualified for appointment or has ever applied for the IGP position and was denied.
Idoko had, through his lawyer, James Onoja (SAN) filed the suit marked FHC/ CS/ 31/2023 to challenge the legality of the continuous stay of the IGP in the office having allegedly served out his tenure (agency)/SHARE THIS
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