NBA sues Buhari over IGP’s tenure elongation

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• Requests court to reverse decision, asks Adamu to vacate office

The Nigerian Bar Association (NBA) has gone to court to challenge President Muhammadu Buhari’s recent extension of the tenure of Police Inspector-General Mohammed Adamu.

The suit was filed at the Federal High Court, Lagos, on Thursday.

Other respondents in the suit are the Police Service Commission (PSC) and IGP Adamu.

Adamu should have proceeded on retirement on February 1, the day he clocked 35 years in service.

However, his tenure was extended by three months by the President.

The NBA’s contention is that the IGP ceased to be a member of the Nigeria Police Force when he attained 35 years in service on February 1, 2021.

It claims the President’s purported extension of IGP Adamu’s tenure by three months contravenes the provisions of Section 215 (1)(a) of the Constitution and is, therefore, unlawful.

It says, in a supporting affidavit, that Adamu, as the former Inspector General of Police, completed his 35 years of service as a police officer on February 1, 2021 but was purportedly extended by the first defendant

It adds that on September 16, 2020, the President assented to the Nigeria Police (Establishment) Bill (now Act), which repealed the previous Police Act and fixed retirement age of all police officers at 35 years of service or 60 years of age, whichever comes first.

It added that as at February 1, 2021, Adamu had served the Nigeria Police Force for a period of 35 years.

The NBA is therefore praying the court for the following reliefs:

  • A declaration that the act of the first defendant (the President), in purporting to extend the tenure of the third defendant (Adamu) as the Inspector General of Police after his retirement from the service of the Nigeria Police Force is in contravention of the provisions Section 215(1)(a) of the Constitution of the Federal Republic of Nigeria 1999 as amended and therefore, null and void.
  • A declaration that the act of the first defendant in purporting to extend the tenure of the third defendant as the Inspector General of Police after his retirement from the service of the Nigeria Police Force is in contravention of the provisions of Sections 7(3) & (6) and 18(8) of the Nigeria Police Act 2020, and is therefore unlawful, null and void
  • A declaration that the 1st defendant lacks the authority, vires and power to extend the tenure of the occupant/holder of the office of the inspector General of Police.
  • An order setting aside the purported elongation of the tenure of the third defendant as the Inspector General of Police of Nigeria.
  • An order directing the third defendant to vacate forthwith the office of the Inspector General of Police and refund all salaries, allowances and benefits received from February 1, 2020 (when he retired from the Police Force) to the coffers of the Federal Government of Nigeria.
  • An order of perpetual injunction restraining the first defendant either by himself and/or acting through any of his ministers, officers, servants and/or under any guise from the further breach of the provisions of Section 215({) of the Constitution of the Federal Republic of Nigeria (1999) as amended, by extending the tenure of the occupant of the office of the Inspector General of Police of Nigeria.

The defendants have yet to file their response to the suit.

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