IGP Mohammed Adamu has told a federal high court in Abuja he hasn’t retired, and that his tenure ends either in 2023 or 2024, going by the Police Act 2020.
Adamu served out his 35th year in service in February, but President Muhammadu Buhari gave his a three-month extension.
The tenure extension created an uproar, and a lawyer, Maxwell Okpara, flew to court to challenge it, on the provision of section 215 of the Nigerian Constitution, and section 7 of the Police Act. He asked the court to consider the failure of the Police Council to recommend a new IGP as abdication of duty
In a counter-affidavit by Adamu’s lawyer Alex Izinyon (SAN) on Monday, the defendant cited same Act to argue his case.
One of his written addresses reads in part, “Therefore based on our submission above, the combined effect of Sections 215 and 216 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Section 7 of the Nigeria Police Act, 2020, is that the 2nd defendant can validly function as the Inspector General of Police after midnight of February 1, 2021 in so far as he was a serving member of the Nigeria Police Force during the period of his appointment, as his tenure in office is specially regulated by Section 7(6) of the Nigeria Police Act which stipulates in unambiguous terms that upon his appointment he stays in office for four(4) years.
“Therefore, if the 2nd defendant’s tenure in office is calculated from January 15, 2019 when he was appointed into the office of the Inspector General of Police, his tenure lapse in 2023.
“However, if his tenure in office is calculated from 2020 when the Nigeria Police Act, 2020 came into force, his tenure in office ends in 2024.”
He further argued that the IGP office is not governed by the general provisions applicable to the rest of the police force.
According to him, the provision of “section 18(8) of the Nigeria Police Act, 2020 which is that ‘Every police officer shall, on recruitment or appointment, serve in the Nigeria Police Force for a period of 35 years or until he attains the age of 60 years, whichever is earlier,’ is with due respect, inapplicable to the office of the Inspector General of Police in the circumstance.”
The effect of section 7(6) of the Nigeria Police Act, 2020, he said, “is that immediately a person is appointed into the office of the Inspector-General of Police, a new legal regime is triggered off.”
“He is only accountable to the President of the Federal Republic of Nigeria and the Nigeria Police Council and this fact we submit makes his office a quasi-political office with a tenure of four (4) years pursuant to Section 7(6) of the Nigeria Police Act, 2020.”
Of the complainant, the defence lawyer said, “He failed woefully to state in his affidavit how he got the information that the 2nd defendant had retired from the Nigeria police. He also failed woefully to tender any document to support his claim,” the IGP’s court document added.
The IGP also argued through Izinyon, that President Buhari did not abdicate his duty by not immediately naming a new IGP on February 1.
Izinyon then urged to dismiss the suit at t the preliminary stage on among other grounds that the plaintiff “lacks the locus standi to institute this suit.”
He equally disputed the jurisdiction of the high court, citing section 254(c)(1) of the 1999 Constitution (as amended) only the National Industrial Court has the jurisdiction to hear the suit.