The Inspector-General of Police, Mohammed Adamu, has told the Federal High Court in Abuja that the law permits him to remain in office till either 2023 or 2024.
He said this in his court documents filed to counter a suit challenging the three-month extension granted him by President Muhammadu Buhari in February.
PREMIUM TIMES on Monday obtained the counter-affidavit and the notice of preliminary objection along with the accompanying documents filed by the IGP through his lawyer, Alex Izinyon, a Senior Advocate of Nigeria.
Mr Adamu attained the maximum 35 years in service on February 1, but got a three-month extension of his tenure by President Muhammadu Buhari on February 3.
PREMIUM TIMES reported that an Abuja-based attorney, Maxwell Opara, filed a fit on the identical February 3 to venture the tenure extension.
Mr Opara argued in his healthy that by virtue of phase 215 of the Nigerian Constitution and section 7 of the Nigeria Police Act, 2020, Mr Adamu couldn't validly continue to function because the IGP having retired as a member of the Nigeria Police Force as from nighttime of February 1, 2021.
‘My tenure didn’t lapse on February 1’
But Mr Adamu argued thru his attorney, in objection to the fit, that his tenure in no way lapsed on February 1.
The IGP argued that the new Nigeria Police Act gave him a four-year tenure which would best lapse in either 2023 or 2024.
According to him, his tenure will lapse in 2023 if counted from 2019 while he was appointed as the IGP, or 2024, if counted from 2020 when the new Nigeria Police Act came into force.
One of his written addresses reads, in element, “Therefore based totally on our submission above, the blended impact 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 second defendant can validly feature because the Inspector General of Police atter nighttime of February 1, 2021 in up to now as he turned into a serving member of the Nigeria Police Force for the duration of the period of his appointment, as his tenure in office is specifically regulated with the aid of Section 7(6) of the Nigeria Police Act which stipulates in unambiguous terms that upon his appointment he remains in office for 4(4) years.
“Therefore, if the 2nd defendant’s tenure in workplace is calculated from January 15, 2019 when he changed into appointed into the office of the Inspector General of Police, his tenure lapse in 2023.
“However, if his tenure in workplace is calculated from 2020 when the Nigeria Police Act, 2020 came into pressure. His tenure in workplace results in 2024.”
‘IGP workplace is quasi-political, particular, special’
According to Mr Adamu, the IGP workplace isn't governed with the aid of the overall provisions relevant to the rest of the police pressure.
He stated the provision of “section 18(cool of the Nigeria Police Act, 2020 that's that ‘Every police officer shall, on recruitment or appointment, serve inside the Nigeria Police Force for a length of 35 years or until he attains the age of 60 years, whichever is in advance,’ is with due respect, inapplicable to the office of the Inspector General of Police in the situation.”
He argued that the effect of phase 7(6) of the Nigeria Police Act, 2020 “is that immediately someone is appointed into the workplace of the Inspector-General of Police, a new prison regime is brought on off.”
He introduced that from the diverse provisions of the regulation, it turned into “discernible” that “the office of the Inspector-General of Police is conferred with a unique fame, unique and wonderful from different officers of the Nigeria Police pressure.”
He insisted that the IGP upon appointment “is only responsible to the President of the Federal Republic of Nigeria and the Nigeria Police Council and this reality we submit makes his workplace a quasi-political workplace with a tenure of 4 (4) years pursuant to Section 7(6) of the Nigeria Police Act, 2020.”
‘Plaintiff now not in a function to know’
Mr Adamu additionally argued thru his lawyer that the plaintiff who deposed to the affidavit filed in help of the fit became “no longer without delay in a function to recognize” if the IGP’s tenure had ended.
The attorney argued that this changed into because Mr Opara, the plaintiff, “is surely now not a personnel member of the 2d defendant (IGP) and the Nigeria Police Force.”
“He failed woefully to kingdom in his affidavit how he were given the data that the 2nd defendant had retired from the Nigeria police. He additionally failed woefully to soft any document to aid his claim,” the IGP’s courtroom document added.
The IGP additionally argued thru Mr Izinyon, that President Buhari did no longer abdicate his obligation by now not right away naming a new IGP on February 1.
Preliminary objection
Mr Adamu additionally argued in his fit that the match by way of Mr Opara changed into not competent to be heard on advantage.
He advised the court to dismiss the suit at t the initial degree on among other grounds that , the plaintiff “lacks the locus standi to institute this sunt.”
He also contended that the Federal High Court lacked jurisdiction to hear the suit due to the fact its challenge count number is related “to employment and situation of carrier of the 2d defendant.”
According to him, by way of distinctive feature of section 254(c)(1) of the 1999 Constitution (as amended) only the National Industrial Court has the jurisdiction to pay attention the healthy.
Plaintiff’s prayers
Mr Opara sought, among others, in his match, an order directing Mr Adamu to forestall functioning because the IGP.
He requested the courtroom to keep that the failure of Mr Buhari and the Nigeria Police Council (NPC) to name a new IGP on February 1 whilst Mr Adamu was stated to have completed his tenure amounted to abdication of obligation.
He consequently urged the courtroom to compel President Buhari and the NPC to right away employ a new IGP.
The plaintiffs sued the President, Mr Adamu, the Attorney-General of the Federation, and the NPC as the defendants.
PREMIUM TIMES couldn't verify if others, apart Mr Adamu, had filed their reaction to the match.
No comments:
Post a Comment