Adegboruwa SAN Faults Buhari’s Extension Of IGP’s Tenure, Says Extension Unconstitutional And A Nullity

*Says Nigeria Presently Has No IGP Properly Recognized By Law
*Says Presidency Cannot Extend The Service Year After 35 years

A foremost Human Rights Lawyer, Ebun-Olu Adegboruwa, SAN has criticized the purported extension of the Tenure of the Inspector General of Police, Mr. Adamu Mohammed for another three months.

The learned silk made his position known on Thursday in a statement made available to TheNigeriaLawyer.

Mr. Adegboruwa noted that a community reading of sections 215(1)(a), 216(2), and paragraph 27 of the Third Schedule of the 1999 Constitution, the President cannot extend the service year of an officer who has seized to be a member of the police force, according, the learned silk noted that General Buhari cannot, therefore, mandate Mr. Adamu to continue as the Inspector General of Police, after he [Mr. Adamu] has exhausted his thirty-five [35] years of service.

The publication according to the learned silk reads this:

“THE PURPORTED EXTENSION OF THE EXPIRED TENURE OF MR ADAMU AS INSPECTOR-GENERAL OF POLICE IS ILLEGAL AND UNCONSTITUTIONAL.”

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:

“27. 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.”

From all the above:

1. 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.

2. 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.

3. 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.

4. The President lacks the power to reabsorb a retired police officer back into the NPF through a purported tenure extension, which is not contemplated by law.

5. 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.

6. The Federal Republic of Nigeria presently has no IGP properly so recognized by law.