The Court of Appeal in Abuja on Wednesday nullified the recruitment of 10,000 constables carried out last year by the Inspector General of Police, Mohammed Adamu.
A three-man panel of the Court of Appeal led by Justice Olabisi Ige unanimously held that the IGP lacked the power to recruit constables for the police.
The court held that the power to carry out the recruitment was exclusively that of the Police Service Commission.
The judgment upturned the December 2, 2019 verdict of the Federal High Court in Abuja which had validated the power of the IGP to proceed with the recruitment of 10,000 he embarked upon in 2019.
The PSC, in a superiority battle with the IPG, had in September 2019, instituted the suit marked FHC/ABJ/CS/1124/2019, in its bid to gain the exclusive right to conduct the recruitment process which the NPF and the IGP, had as of that time, almost concluded.
The commission asked the Federal High Court judge, Justice Inyang Ekwo, to nullify the process already commenced by the NPF and the IGP.
It urged the court to declare it as the body with the exclusive powers to carry out the recruitment process.
But the judge in his judgment delivered on December 2, 2019, dismissed PSC’s case which he adjudged to be lacking in merit.
He ruled that the law guiding the enlistment of constables into the NPF was the Nigeria Police Regulations of 1968, issued by the Nigerian President in accordance with the provisions of Section 46 of the Police Act 1967 (No 41), providing for the organisation and administration of the police force.
He noted that section 71 of the said Nigeria Police Service Regulations, 1968, gave the power to enlist constables to the Police Council and the NPF under the control of the IGP, and not the PSC.
He ruled that PSC by its enabling law retained the exclusive powers to promote, demote, dismiss and discipline any police officer apart from the IGP, it could only appoint constables after the recruitment exercise carried out by the NPF.
The PSC had through its lawyer, Chief Kanu Agabi (SAN), a former Attorney-General of the Federation and Minister of Justice, appealed against the judgment, which he urged the Court of Appeal to set aside.
The Court of Appeal thus upheld the PSC’s case by resolving all the issues raised in favour of the appellant.
The court agreed with Agabi, represented in court by Edidiong Usungurua, that the word “appointment” used in the Constitution with respect to the powers conferred on the Police Service Commission included “the power of recruitment and or enlistment of recruit constables”.
The court held that the police regulation and or provisions of the Police Act which purportedly vested the IGP the power of recruiting constables “is null and void being in conflict with the Constitutional powers vested in the Police Service Commission”.
It therefore declared the recruitment carried out by the IGP as “null and void”.
It went ahead to grant all the prayers sought by the PSC in its amended suit filed at the Federal High Court.
The court had earlier dismissed the preliminary objection filed by the Nigeria Police Force, the IGP and the Minister of Police Affairs.
Buhari promises to sign forensics, fraud examiners’ institute bill
President Muhammadu Buhari yesterday promised to sign a bill seeking formal establishment of the Chartered Institute of Forensics and Certified Fraud Examiners of Nigeria (CIFCFEN).
He spoke at the State House in Abuja after being honoured with Global Integrity and Anti-Corruption Award of Excellence by CIFCFEN.
He was presented with the highest honour of the institute reserved for only African heads of states with impeccable character and unimpeachable ideals by the chairman of the Governing Council CIFCFEN Board of Trustees, Dr Iliyasu Gashinbaki.
Buhari was the first African leader to be bestowed with the award in recognition of his lifetime outstanding commitment to the fight against corruption and selfless service with exceptional integrity.
He directed the anti-corruption agencies to continue partnering with the institute for the benefit of the country.
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He also directed the Minister of Finance, Budget and National Planning to work with the Institute in areas of providing technical assistance and capacity building to all revenue generating agencies and regulators in the public sector.
He said: ‘’The need for forensic experts arises in educating, preventing, detecting and prosecuting fraudsters, while fraud examination helps mitigate vices like embezzlement, money laundering, misuse and mismanagement of public resources.
‘’Many Nigerians, who are serious about eliminating corruption in our country, will welcome this review of the National Anti-Corruption Strategy midwifed by the Federal Ministry of Justice and the Presidential Advisory Committee on Anti-Corruption in 2017 and supported by our International friends.
‘’This effort by the institute to undertake the review of the national anti-corruption strategy is highly commendable and it has shown the usefulness of partnerships with professional bodies and my administration will continue to partner with the Institute and as well as other private institutions, the academia and other stakeholders in the fight to stop sleaze and mitigate corruption.’’
We will restore peace, stability before leaving office, Buhari vows
President Muhammadu Buhari has said his administration will not relent in its quest to restore peace and stability in the country.
Buhari said this on Monday during the 58th anniversary of the Nigeria Air Force (NAF) in Kano.
He said his administration’s investment in the air force had helped to “turn the tide” against terrorists.
He promised that he would continue to give necessary and sufficient support to the NAF in the battle against insecurity from non-state actors.
“The huge investment in the Nigeria Air Force has helped to turn the tide against terrorist and non-state actors in our nation,” he said.
“In furtherance of our drive to continue to do more to support the air force. Rest assured that our government is willing to do even more to ensure the provision of requisite support and the encouragement to overcome various security challenges.
“This government will not rest until peace and stability is fully restored in the nation. I, therefore, urge you all to remain steadfast, committed and resolute.
States lose battle over LG funds’ management
The 36 Governors lost on Monday in their opposition to Federal Government’s efforts to monitor their handling of Local governments’ funds.
Justice Inyang Ekwo of the Federal High Court in Abuja dismissed a suit filed to that effect by the 36 states, through their Attorneys General and the Nigeria Governors’ Forum (NGF).
The States, in the suit marked: FHC/ABJ/CS/563/2019, challenged the legality of the Nigerian Financial Intelligence Unit (NFIU) Guidelines, which came into effect on June 1, 2019.
The NFIU 2019 guidelines required among others, that the States/Local Governments Joint Accounts should be used only for receiving funds and subsequently transferring them to Local government accounts only.
The NFIU claimed that the guidelines, which also limit daily cash withdrawal from the State/LG joint account to N500,000 are intended to reduce “crime vulnerabilities created by cash withdrawal from local government funds throughout Nigeria effective from June 1, 2019.”
Listed as defendants in the suit are the Attorney General of the Federation (AGF), the NFIU and the Nigeria Union of Local Government Employees (NULGE).
They argued among others that the NFIU guidelines: known as “the NFIU Enforcement and Guidelines to Reduce Crime Vulnerabilities Crafted by Cash Withdrawal From Local Government Funds Throughout Nigeria,” particularly provisions 1 to 6 and the penalties prescribed are ultra vires the power of the NFIU under Sections 3 (1) and 23(2) (a) of the Nigerian Financial Intelligent Unit Act, 2018 and therefore unconstitutional.
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In the judgement on Monday, Justice Ekwo held that he is unable to see where the guidelines contradict the provisions of sections 7(1), (6) (a) and (b) of the Constitution.
The judge added that the guidelines also did not conflict with the provision of Section 162(6) of the Constitution, which creates the State Joint Local Government Account, into which allocations to the Local Government Councils of the state from the Federation Account and from the government of the state are paid.
He said that the guidelines did not contradict Section 162(8) of the constitution which prescribed that the amount standing to the credit of the local government council of the state shall be distributed among the local government councils of that state on such terms and in such manner as may be prescribed by the House of Assembly of the state.
Justice Ekwo added that the provisions of the NFIU guidelines also do not contradict the provisions of the 4th Schedule to the 1999 Constitution which prescribes the functions of a Local Government Council.
Noting that “ duty of the court is limited to expounding the law and not expanding it,” the judge said: “On the whole, I see the provisions of the guidelines of the 2nd defendant as seeking to direct the monitoring of accounts, transfers and any other means of payment or transfer of funds of local government councils as provided for in Section 3 (1) (r) of the Act of the NFIU.
“It only limits cash withdrawal made from any Local Government Account anywhere in the country to amount not exceeding N500,000.00 (Five Hundred Thousand Naira) per day.
“Any amount higher than that can be done using other methods of banking transaction save cash.
“Unless it can be shown that there is any provision of the 1999 Constitution (as amended) which these provisions of the 2nd defendant’s guidelines have contradicted or conflicted directly and practically, then the issue of unconstitutionality cannot be said to arise.”
Justice Ekwo said he found that there was no provision in the NFIU’s guidelines that has contravened the provisions of Sections 7(1), (6) (a) and (b), 162 (6), (7) and (8), and the 4th Schedule to the 1999 Constitution (as amended).
“I also find that the case of the plaintiffs has not been established and I so hold.
“I find, in the end, that the case of the plaintiffs lacks merit and ought to be dismissed and it is hereby dismissed,” the judge said.
Earlier, Justice Ekwo struck out the name of the NGF as a co-plaintiff in the suit on the grounds that it lacked the locus standi to file the suit.
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