By Omoha Otuosorochi

The Nigeria President has done it again, just as his routine of activities in violating the provisions of the constitution of the Federal Republic of Nigeria; right from the appointment of Magu as the EFCC Boss, the removal of Walter Onnoghen the former Chief Justice of Nigeria, and many other nefarious acts that mouth cannot mention in course of this writing. The trending news now is the elongation of the appointment of the Inspector-General of Police against the letters and provisions of the constitution and every other law that is enforced in Nigeria. By this piece, we shall be considering the constitutionality of the elongation of the appointment and tenure of the Inspector General of Nigeria in the person of Mohammed Adamu for more than three months.

The Minister of Police Affairs, Maigari Dingyadi had disclosed the Development on Thursday while briefing State House Correspondents at the Presidential Villa, Abuja. He said that “the decision of the president to extend the IGP’s tenure for another three months was to give time for proper selection of the new helmsman”.

First, the constitution as the supreme law of the country rightly provided for the appointment of the Inspector-General of Police, under Sections 215(1), 216(2) and paragraph 27 to the 3rd Schedule of the 1999 Constitution of the Federal Republic of Nigeria. For clarity purposes, the abovementioned sections are hereby reproduced:

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.

Section 216(2):  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.

Paragraph 27 of the Third Schedule to the 1999 Constitution:

The Nigeria Police Council shall comprise the following members:

(A) the President who shall be the Chairman;

(B) the Governor of each State of the Federation;

(C) the Chairman of the Police Service Commission; and

(D)The Inspector-General of Police.

Judging from above, the law is glaring clear that the president has the right to appoint an Inspector general of Police on the advice of the Nigeria Police Council among serving members of the Nigeria Police Force;

Then the pertinent question begging for an answer here is whether the President has acted in accordance with the above provisions of the law by reappointing or elongating the appointment of Mohammed Adamu as the IGP, whose tenure has expired and who has also retired as a member of the Nigeria Police Force 2nd Feb. 2021. To the above question, we humbly answer in the negative. The President has the right under the constitution and other enabling laws to appoint the Inspector General of Police or to elongate his tenure in office. However, for the president to exercise this constitutional right, there are some condition precedents which the president must imbibe, which include:

  1. Seeking the advice of the Nigeria Police council
  2. The person to be appointed must be among the serving members of the Nigeria Police Force.

The abovementioned condition precedents are as a matter fact mandatory on the president and not permissive or directory, as the constitutional provisions rightly included the word “Shall” on it. The court had in the case of Ngige v. Obi (2016) 14 NWLR (pt. 999)1 CA, held the word “shall” in a legislation to be Mandatory. On this note, the president having failed to seek and obtain the advice of the Nigeria Police Council before the reappoint of Mohammed Adamu as the IGP has acted unconstitutional. On the second condition, the president has also acted unconstitutional by appointing Mohammed Adamu who is no longer a serving member of the Nigeria Police Force having retired on the 2nd Feb. 2021.

Ok let’s check the reason for the elongation, according to the Minister of Police Affairs; so that the president will have time to make a new appointment. Having stated above that the act of Mr. President is unconstitutional; we also humbly add that the above reasons cannot justify his act.

Then on whether the president can come under the doctrine of necessity in reappointing or elongating the office of an IGP who is no longer a serving member of the Police Force, this to me is just a folktales because the president should have being aware of the time for the retirement of the IGP and should have also started working towards appointing a new IGP on the advice of the Nigeria Police Council on time.

Deductively, from the above points it will be pertinent and pivotal to remark that the action of the president is a great punch on the face of our laws, as laws are always meant to be obeyed.

The president has the right to appoint an IGP, but the law did not stop there, it included that his appointment should be based on the advice of the Nigeria Police Council; who are meant to curb his excesses. Assuming but not conceding that Mr. President has a legal right to singlehandedly appoint a person into the office of the IGP, He should have appointed a serving member of the Nigeria Police Force; as was provided for under Section 215 (1) (a) of the 1999 constitution of the Federal Republic of Nigeria (as amended) and under section 7 (3) of the Police Act, 2020 and not Mohammed Adamu who is no longer a serving member of the force, by virtue of his retirement.

Since the action of the president has no place in our laws, it therefore, means that the elongation of the tenure of the IGP has no legal effect and it’s null and void; hence the Federal Republic of Nigeria has no IGP as the appointment remains.

This Article is written by Omoha Otuosorochi Junior, a 400 level law student in Ebonyi state University, Abakaliki, Ebonyi State.

An Associate @ St. Sen solicitors of No 8 old Enugu Road Kpirikpiri Abakaliki Ebonyi State.

For your Contributions, Questions and Objective Criticism, Whatsapp: 08135414889, Email: omohaotuosorochi1@gmail.com

 

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