An Abuja based lawyer and human rights activist, Maxwell Opara, has requested president, Sen. Ahmed Bola Tinubu, GCFR, to comply with the judgment of the court ordering Usman Baba Alkali, to vacate the office as the Inspector General Of Police.
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In the letter which was, amongst various titles was tagged: RE: ORDER TO STOP MR. USNMAN BABA ALKALI FROM PARADING HIMSELF AS INSPECTOR GENERAL OF POLICE.
Mr. Maxwell, in barely 24 hours of President Tinubu administration has written and alleged in his letter that:
“The summary of the whole remains that the office Inspector General of Police was vacant due to the mandatory lawful retirement of Mr. Usman Baba Alkali (IGP Rtd) who retired on the 1st of March, 2023 in accordance with section 18 (8) of the Nigerian Police Act, 2020.”
“Based on the retirement Sir, the immediate past President Mr. Mohammadu Buhari did not convene a meeting with the Nigeria Police Council to seek their advice and appoint Inspector General of Police as provided by Section 215 (1) (a) of the 1999 Constitution of the Federal Republic of Nigeria (As Amended).”
He further stated that, “instead of following the lawful process as provide by the constitution, the immediate past President Mr. Mohammadu Buhari recalled back Mr. Usman Baba Alkali (IGP Rtd) and unlawfully issued him an appointment letter which empowered him to unlawfully continue to act and parade himself as an IGP.” Accordingly, he alleged that “the past President Mr. Mohammadu Buhari carried out the unlawful action in his disregard of the constitution and the Police Act”.
In reference to the suit which was filed at the court of Hon. Justice F.O RIMAN at the Federal High Court, Awka, Anambra State on 19th May, 2023, it was held in favour of the applicant that ‘despite the prerogative power of the immediate past President Mr. Mohammadu Buhari, he is limited to the provision of the constitution. That the retirement of Inspector General of Police or any police office is statutory and a constitutional issue and no other law of the land can change it and that the President can change the law through executive fiat.” Hence, by this, the President’s action was unconstitutional and outside the scope of his power
The Human Rights Lawyer, who described himself as “a legal Practitioner and Human Right Activist saddled with the obligation of ensuring that judgment of courts and rule of laws are obeyed and as well raise alarm where such is violated” has asked the President to:
“To immediately comply with the judgment of the Court herein attached; to order Mr. Usman Baba Alkali who has been unlawfully acting as Inspector General of Police to stop acting and parading himself as the Inspector General of Police; To convene meeting of the Nigeria Police Council to appoint a new Inspector General of Police in accordance with relevant laws.”
He had further accompanied the letter of petition with the judgment of the Federal High Court sitting in Awka, Anambra State which gave the judgment stating the illegality and unconstitutionality of the IGP appointment.
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