Despite the clarification of the Police Affairs Minister, Dr Muhammed Maigari Dingyadi, over the issue of the alleged tenure extension of the Inspector-General of Police, Usman Baba, some lawyers and the PSC has described the move as illegal.
Naija News reports that the Joint Union Congress of the Police Service Commission (PSC) wahas kicked against the move saying an impending daylight robbery.
The union’s reaction follows the reported extension of the tenure of the IGP by President Muhammadu Buhari last week, a move which has stirred several controversies.
The Chairman of the Joint Service Union, PSC chapter, Adoyi Adoyi told Punch that “We must also note that despite the prerogative powers of the President, he is limited to the provisions of the Constitution.”
According to him, “The IG’s retirement is a statutory and constitutional issue and no other laws of the land can change the grundnorm even though the President is being manipulated to extend the IG’s tenure when Act in fact states that, for an IG who is so appointed to enjoy that clause of four-year tenure as stipulated in the Police Act, 2020, such IG must also have no less than four years remaining in service as a police officer.”
Naija News reported on 19 January that Dingyadi in a statement issued by his media aide, Osaigbovo Ehisienmen quoted Sections 7(3) and 7(6) of the Police Act, 2020 which states that the appointment and tenure of an IGP will last for four years.
He said “For clarity purposes, IGP. Usman Alkali Baba, CFR, was appointed by President Muhammadu Buhari on 6th April 2021.
His appointment was confirmed by the Nigeria Police Council headed by Mr President in June 2021 for a single tenure of four years as provided for, in Section 7(3), and Section 7(6) of the Police Act 2020 which amongst others states “that the person appointed to the office of the Inspector-General of Police shall hold office for four years.
These provisions of 2020 amended Police Acts should not be misconstrued for tenure extension as erroneously reported in some sections of the media.”
Recalls that President Muhammadu Buhari appointed Alkali Usman as the IGP in 2021 and most Nigerians assumed that his tenure will end with the current government this year.
However, Adoyi explained that the Court of Appeal has set aside several positions of the Police Act, 2020 because they are in contravention of the Constitution.
He submitted that “I think the Minister of Police Affairs should be guided that they don’t quote a section of law in isolation of others. So while considering any clause in a law, other clauses must be considered, otherwise, the very essence of the law is lost.
They tried to hurriedly package a selfish agenda in the Police Act, 2020, and in the course of that made vast aspects of the law so anomalous and acephalous.
Even now, they’re trying to make it benefit themselves by all means, thereby not only misleading the President but the entire country. The IG and his current police management team have severally trampled on the Constitution of the Federal Republic of Nigeria, and he continues to muscle the PSC with all that is available to him, including political contacts.”
Meanwhile, this platform also learnt that some lawyers have also described the said extension as illegal because it’s inappropriate for the IGP to remain in office beyond the stipulated date of retirement when he clocked 60.
A human rights lawyer identified as Festus Ogun told Punch that the extension of the IG’s tenure was illegal and unconstitutional.
Ogun pointed out that “The position of the Minister of Police Affairs, Mohammed Dingyadi, is rooted in a grave misconception of our extant laws. The Inspector-General of Police cannot stay in office beyond 60 years of age.
No doubt, Section 7(6) of the Police Act, 2020 provides that a person appointed as Inspector-General of Police shall hold office for four years. However, Section 18(8) of the same law provides that every police officer shall serve in the Police Force for a period of 35 years or until he attains the age of 60 years, whichever is earlier.”
Another lawyer, Deji Adejare also told Punch that “The current confusion seems to stem from the provisions of S.7(6) which provides that the IG shall hold office for four years. One would ordinarily not expect this to create any confusion since the person who holds the office of IG must be a police officer.
However, if such a person has attained the age of 60 or served for 35 years, such a person ceases to be a police officer and lacks the basic qualification to be an IG.”
