The Law Firm of E.H. Ugochukwu has reacted to the decision of the Federal High Court which validated Buhari’s extension of the tenure of the former Inspector General of Police in the case of Maxwell Okpara v The President of the Federal Republic of Nigeria.

In a statement made available to TheNigeriaLawyer signed by its Principal Partner, Ugochukwu Ezekiel, the law firm says actually the court agreed that the former IGP retired on February 1, 2021. However, the court refused to give interpretation to the clear provisions of the Police Act

The law firm which stated that Okpara was their client in the suit said, “Earlier today the Federal High Court, per Honourable Justice A.R Mohammed delivered judgment in the case of our client, Barr. Maxwell Okpara v. The President of the Federal Republic of Nigeria & ors, wherein our client sought the interpretation of the Constitution of the Federal Republic of Nigeria (As amended) on whether a non-serving Police Officer can continue to hold office as the Inspector-General of Police after retirement and whether the President’s refusal to take steps to appoint a new Inspector-General of Police amounts to abdication of duty as conferred on him by Sections 215 and 216 of the Constitution of the Federal Republic of Nigeria (As amended), Sections 7 and 18 of the Nigerian Police Act, 2020.

“The Court agreed with us that:

(1) all objections raised by the 2nd Defendant to the suit by the former IGP were baseless and dismissed same.

(2) that it was proved by our client that the IGP retired on the 1st of February, 2021 by virtue of his attaining 35 years of age.

“However, the Court in a very bizarre move refused to consider the provisions of the law in order to give a clear interpretation to the provisions of the Constitution and the Nigerian Police Act. Instead, a matter which was filed long before the President of the Federal Republic of Nigeria decided to exercise an unknown power of tenure extension, was dramatically reduced to the sole issue of extension. Our suit was primarily about the legal implications of a retired police officer holding on to the office of the IGP when he is retired by operation of law. Regardless of the fact that parties joined issues and extensively argued on this point, this issue was not addressed nor resolved in the said judgment and it formed the substratum of the suit.

“Rather, in an unbelievable twist and without reliance on any known law, the President was conferred with the power to extend the tenure of a person who is effectively retired from the police by operation of law. This was done even after the President realized his error and fired the former IGP during the pendency of his illegal extension.”

Ugochukwu Chambers said further that Okpara has instructed them to file an appeal against the Federal High Court decision to avoid abuse of laws and to prevent the current IGP from enjoying unlawful appointment

“While we thank his Lordship for his kind appreciation of our industry and arguments as Lawyers, we are of the opinion that His Lordship failed to consider the case before the Court. Our case was basically the interpretation of specific sections of the Constitution and the Nigerian Police Act, 2020. This, the Court glossed over. My Lord did not, in his specific decision, resolve the issues canvassed by parties.

“Our client has consequently asked us to challenge the decision at the appellate level, in order to avoid the abuse of our laws and prevent the present IGP, who is also not qualified, from enjoying an unlawful appointment. That, we shall do!” the statement reads in part

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