Court sacks IGP, orders Buhari to appoint new police chief

Federal High Court sitting in Awka, has ordered the outgoing president Muhammadu Buhari to appoint the new Inspector General of Police, describing the office occupying by Usman Alkali Baba as illegal.

The court, in its judgment in a suit marked FHC/AKW/CS/58/2023, filed by Okechukwu Nwafor, a taxpayer on Friday, said Baba’s continued stay in office was against the clear provisions of the Police Act, 2020.

Justice Fatun Riman, who gave the ruling, however, advised Buhari to recommend an officer within the listed rank, with four years in service for the position of IGP.

Nwafor had dragged President Muhammadu Buhari, IGP, Attorney General of the Federation and Minister of Justice and Nigeria Police Council before the court, seeking an order to stop the Baba from further occupying office as his tenure expired two months ago.

In his judgement, after listening to Counsel on the matter, Justice Riman said, “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.”