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SAN faults tenure extension, says ‘Adamu can’t be appointed an IGP outside the Force’
By Modupe Shodeinde
A legal practitioner, Ebun-Olu Adegboruwa (SAN) has said the extension of the tenure of the Inspector-General of Police, Mohammed Adamu, by three months, is illegal and unconstitutional as he ceases to be a member of the Force from February 2, 2021.
Adegboruwa stated that Adamu can no longer serve as the Inspector General of Police as only a serving member of the Nigeria Police Force can be appointed as IGP.
According to him, having served the mandatory years of service, the IGP ceased to be a member of the Nigeria Police Force from the date of his completion of his service.
The Minister of Police Affairs, Mohammad Dingyadi, on Thursday, had announced the decision-making of the President Muhammadu Buhari to extend Adamu’s tenure as the IGP for three months.
The Minister said is to “allow for a robust and efficient process of appointing a new IG.”
However, in a statement titled: ‘The purported extension of the expired tenure of Mr. Adamu as Inspector-General of Police is illegal and unconstitutional,” Adegboruwa explained that the Nigeria Police Council must be involved in the extension of the IG’s tenure.
He said according to Section 215 (1)(a) of 1999 Constitution “there shall be an Inspector-General of Police who, subject to Section 216(2) of this Constitution shall be appointed by the President on the advice of the Nigeria Police Council from among serving members of the Nigeria Police Force.”
He added that section 216(2) stipulated that, “Before making any appointment to the office of the Inspector-General of Police or removing him from office, the President shall consult the Nigeria Police Council.”
Adegboruwa said, “From all the above, when the tenure of a serving IGP expires on the ground of completing the mandatory 35 years of service, he cannot be asked to continue in office beyond his mandatory tenure.
“An IGP who has served the mandatory years of service ceases to be a member of the Nigeria Police Force from the date of his completion of his service. In this case, Mr Adamu ceases to be a member of the NPF from February 2, 2021.
“Under and by virtue of section 215(1) (a) of the Constitution and Section 7(3) of the Police Act, 2020, only a serving member of the Nigeria Police Force can be appointed as IGP. Mr Adamu, having completed his mandatory years of service in February 2, 2021, he cannot be appointed as IGP from outside the force.
“The President cannot appoint an IGP or extend the tenure of a retired IGP without the advice of the Nigeria Police Council, which in this case has not met to consider, let alone approve such tenure extension. The Federal Republic of Nigeria presently has no IGP properly so recognized by law.”
