Court sacks IGP Usman Alkali Baba, declares stay in office illegal

Usman Alkali Baba, the Inspector General of Police, has been deemed an unauthorized occupant of his position by a Federal High Court in Awka.

Baba's continued tenure in office is against the plain language of the Police Act, 2020, said Justice Fatun Riman, who issued the ruling, adding that it is "illegal and unconstitutional."

The court issued the ruling in the Okechukwu Nwafor, a taxpayer, lawsuit with the file number FHC/AKW/CS/58/2023.

In its ruling, the court additionally ruled that no officer with less than four years of service, but only one who belongs to the mentioned rank, may be nominated as IGP.

Despite the fact that the verdict was delivered on Friday, May 19, 2023, our reporter cited a certified copy of the verdict on Saturday, May 27, 2023.

President Muhammadu Buhari, the IGP, the Attorney General of the Federation, the Minister of Justice, and the Nigeria Police Council were named as defendants in the lawsuit by the plaintiffs, who asked the court to issue an injunction preventing the Baba from continuing to hold office since his term had already ended.

In his judgement, after listening to Counsel in the matter, Justice Riman held, “It is important to observe that the Inspector-General of Police is a public servant and by virtue of the fact that he is a member of the staff of the Nigeria Police Force, an authority established from the Federation by Section 214 (1) of the Constitution and in the subject of the Federal Public Rules 299 (PSR) thereof, which provides for the compulsory retirement of all grades of public service officers at the age of 60 or 35 years of service, whichever comes first.

“I also observe that despite the prerogative power of the President, he is limited to the provisions of the Constitution. The Inspector General of Police retirement is a statutory and constitutional issue and no other law of the land can change the ground norm.”

On March 1, 2023, Baba will reach the mandatory retirement age of 60.

In January of this year, Buhari extended his contract.

Source