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NBA sues Buhari over extension of IGP’s tenure
By Modupe Shodeinde
The Nigerian Bar Association (NBA), has filed a lawsuit against President Muhammadu Buhari for extending the tenure of Mohammed Adamu as the Inspector-General of Police.
The NBA in a suit marked FHC/L/CS/214/2021, seeks to get judicial determination if the president has constitutional power to extend the IGP’s tenure which had expired on 1st of February 2021.
The president last week had extended the IGP’s tenure by an additional three month even though his service expired when he clocked the limit of 35 years in service.
The NBA President, Olumide Akpata, said 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.
He also noted that the more public officials are allowed to go unchanged when they casually violate the law, the harder it would become to expect citizens to be compliant, as they(citizens) take their cues from them.
In a suit filed at the Lagos Division of the Federal High Court on Thursday, February 11, the NBA described the extension as unconstitutional.
The Police Service Commission and IGP Mohammed Abubakar, are named as the 2nd and 3rd defendant, respectively.
In the suit, the NBA is seeking that the purported extension of the tenure of the IGP after his retirement from the service of the Nigerian Police Force by the president is declared in contravention of the provisions of Section of the Constitution of the Federal Republic of Nigeria, 1999, as amended and therefore illegal and void.
Also, “A declaration that the act of the 1st defendant in purporting to extend the tenure of 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 of the Nigeria Police Act, 2020, and therefore unlawful, null and void.
“A declaration that the 1st defendant lacks the authority, vires and power to extend the tenure of the occupant/holder of the office of the Inspector General of Police.
“An order setting aside the purported elongation of the tenure of the 3rd Defendant as the Inspector General of Police of Nigeria.
“An order directing the 3rd defendant to vacate forthwith the office of the Inspector General of Police and refund all salaries, allowances and benefits received from February l, 2020 (when he retired from the Police Force) to the coffers of the Federal Government of Nigeria.
“An order of perpetual injunction restraining the 1st Defendant either by himself and/or acting through any of his Ministers, officers, servants and/or under any guise 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 of the Inspector General of Police of Nigeria.”
