The Nigerian Bar Association, NBA, has instituted an action before the Federal High Court in Lagos to challenge what it termed as President Muhammadu Buhari’s illegal extension of the tenure of the retired Inspector General of Police, IGP, Mohammed Adamu.
NBA, which is the umbrella body of legal practitioners in the country, in a statement that was signed by its President, Mr. Olumide Akpata, said the action was in fidelity to its motto, which is ‘Promoting the Rule of Law’.
“The NBA’s decision to take this extraordinary line of action is underpinned by an urgent need, and a sacred duty to reassert the supremacy of the rule of law in the face of growing impunity and the seeming reluctance of law officers in government to give proper counsel.
“The NBA’s position in the suit is that Mr Adamu ceased to be a member of the Nigeria Police Force when he attained the milestone of thirty-five years of service. Therefore, the President’s extension or Mr Adamu’s tenure by three months, in the NBA’s respectful view, is unconstitutional.
“In the grand scheme of things, the NBA is wary that the more government officials casually violate the law, the harder it would become to expect citizens to be compliant.
“Citizens take their cues from their leaders and public office holders who flout the laws of the country that they are meant to uphold.
“The ubiquity of acts of impunity, especially by those in high public offices portends an existential threat to the survival of this country and her hard-won democracy.
“The NBA, now more than ever, is firmly committed to changing this narrative.
“As the outcome of the suit is awaited, the NBA wIII continue to condemn and confront lawlessness in any form and from all quarters”, the statement read.
Meanwhile, the sole issue the NBA raised for the court to determine in its suit marked FHC/L/CS/214/2021, is: “Whether by the combined interpretation of the provisions of section 215(a) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), sections 7(3), (6) and 18(8) of the Nigeria Police Act, 2020, the 1st Defendant (Buhari) can lawfully extend the tenure of the 3rd Defendant (Adamu) as the Inspector General of Police after having retired from service of the Nigeria Police Force”.
The Police Service Commission was also joined as the 2nd Defendant in the suit the legal body filed through its team of lawyers led by Dr. Charles Mekwunye.
Specifically, the NBA is praying the court for the following reliefs:
“A Declaration that the act of the 1st Defendant in purporting to extend the tenure of the 3rd Defendant as the lnspector General of Police after his retirement from the service of the Nigeria Police Force is in contravention of the provisions of section 215(1)(a) of the Constitution of the Federal Republic of Nigeria, 1999, as amended and therefore null and void
“A declaration that the act of the lst Defendant in purporting to extend the tenure at the 3rd Defendant as the Inspector General of Police after his retirement from the service of the Nigeria Police Force is in contravention of the provisions of Sections 7(3) & (6), and 18(8) of the Nigeria Police Act 2020 and therefore unlawful, null and void
“A declaration that the Ist Defendant lacks the authority, vires and power to extend the tenure of the occupant/holder of the office at the Inspector General of Police.
“An order setting aside the purported elongation of the tenure of the 3rd Defendant as the lnspector Inspector General of Police of Nigeria.
“An order directing the 3rd Defendant to vacate forthwith the office of the Inspecter General of Police and refund all salaries, allowances and benefits received from February 1, 2020 (when he retired from the Police Force) to the coffers of the Federal Republic of Nigeria.
As well as, “An order of perpetual injunction restraining the lst Defendant, either by himself and/or acting through any of his Ministers, officers, servants and/or under any guise, from further breach the provisions of Section 215(1) of the Constitution of the Federal Republic of Nigeria, 1999 as amended, by extending the tenure of the occupant of the office at the lnspector General of Police of Nigeria”.
In a 15-paragraph affidavit that was deposed to by one Solomon Oho, the NBA, noted that Adamu, whom it referred to as “former Inspector General of Police”, completed his 35 years of service as a police officer on February 1, 2021, “but same was purportedly extended by the President”.
It further noted that Adamu was born on September 17, 1961 and joined the Nigeria Police Force as a Cadet Assistant Superintendent of Police in 1986.
It told the court that President Buhari assented to the Nigeria Police (Establishment) Bill (now Act), which repealed the previous Police Act, and fixed retirement age of all police officers at 35 years of service or 60 years of age, whichever comes first.
It averred that contrary to provision of the Act, Buhari, on February 4, which was three days after Adamu retired from the Police Force, announced through his Minister of Police Affairs, Mohammed Dingyadi, that his tenure as IGP has been extended.
NBA argued that President Buhari’s action was “outside and in excess of the provisions of the Constitution”, which he swore to uphold at all times.
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