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Stop parading yourself as IGP, court tells Usman Baba

Published

1 year ago

May 28, 2023

IGP Usman Baba

Stop parading yourself as IGP, court tells Usman Baba

Justice Fatun Riman of a Federal High Court sitting in Awka, Akwa Ibom, has told the Inspector-General of Police, Usman Baba, that he is an illegal occupant of the office of IGP he is presently holding.

The court declared his appointment and continued stay in office as unlawful and unconstitutional.

The court in its judgment in suit number FHC/AKW/CS/58/2023, filed by Okechukwu Nwafor, the Plaintiff, who described himself as a tax payer, said Baba’s continuous stay in office is against the clear provisions of the Police Act, 2020.

Justice Riman further held that only an officer within the listed rank, with four years in service, can be appointed as IGP, not one with less than four years in service.

The court also ordered Baba to stop parading himself as the Inspector-General of Police forthwith.

The court ordered the President to convene a meeting of the Nigeria Police Council to appoint a new Inspector General of Police who will hold office for four years.

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The plaintiff in the suit dragged President of the Federal Republic of Nigeria, Usman Alkali Baba, Attorney General of the Federation and Minister of Justice and Nigeria Police Council before the court, seeking an order to stop the IGP from further occupying office as his tenure had expired.

The reliefs sought by the plaintiff included: “A declaration that by a communal reading of the provisions of sections 215(a) and 216(2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), Sections 7 (2) &(6) and 18(8) of the Nigeria Police Act 2020, the appointment of the 2nd Defendant is UNLAWFUL and INVALID, the 2nd Defendant not being a person capable of fulfilling the mandatory requirement of tenure of office of Inspector General of Police and /or the provisions of the 1999 Constitution of the Federal Republic of Nigeria (as amended) having not been complied with.

“A declaration that the 2nd Defendant is not qualified to hold the office of the Inspector General of Police for the sole reason that doing so will lead to absurdity which will amount to a complete breach and total disregard for the clear and unambiguous provision of section 7 (6) of the Nigeria Police Act, 2020.” “A declaration that the 1st Defendant has no power whatsoever to extend the condition for the retirement of a Police officer as contained in section 18(8) of the Nigeria Police Act 2020.” “An order restraining the 2nd Defendant from further parading himself as the Inspector-General of Police of the Federal Republic of Nigeria or exercising any form of command or control over the Nigeria Police Force.

“An order mandating the 1st Defendant to immediately convene a meeting for members of the 4th Defendant for the purpose of appointing a new Inspector General of Police capable of holding the office for the fixed term of four years unhindered by section 18(8) of the Nigeria Police Act, 2020 and also in line with the provisions of sections 7 of the Nigeria Police Act.

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“Such further or other orders as this Honourable Court may deem fit to make in the circumstances of this case.”

In his judgement, after listening to Counsel in the matter, Justice Riman held, “It is important to observe that the Inspector-Genera!l of Police is a public servant and by virtue of the fact that he is a member of the staff of the Nigeria Police Force, an authority established from the Federation by Section 214 (1) of the Constitution and in subject of the Federal Public Rules 299 (PSR) thereof which provides for the compulsory retirement of all grades of public service officers at the age of 60 or 35 years of service, whichever comes first.

“In the instant case, the 2nd Defendant’s (IGP’s) birthday comes first. By the said Rule, the 2nd Defendant is obliged to step down on March 1st 2023. The PSR retirement age provision, is mirrored in section 18 (8) of the Police Act, on the word “Shall” is used in the provision, it is mandatory. See the case of ISHOLA V. AJIBOLA 1994 4 NWLR PT 352 para 506 by Rhodes Vivour JCA (as he then was) and also IBRAHIM & ANOR V. AKINRISOLA (2010) LEPLR 444 CA, Section 7 (6) at the Police Act provides for a four year term or tenure for the Inspector General of Police and the word “Shall” is also used in the said provision.

“I also observe that despite the prerogative power of the President, he is limited to the provisions of the Constitution. The Inspector General of Police retirement is statutory and constitutional issue and no other law of the land can change the ground norm.

“In my view, the requirement of locus is not necessary in constitutional cases as the application of the concept could impede the administration of justice. There is a liberalisation of the concept of locus standi when it involves constitutional matters. The Plaintiff is a Nigerian and taxpayer, as stated in his affidavit paragraph, and this has not been disputed. I find merit in this suit. Accordingly, judgment is entered in favour of the Plaintiff in accordance with the reliefs sought,” he stated.

Recall that Baba clocked 60 on March 1, 2023.

Buhari in January extended Baba’s tenure, knowing fully well that he is to clock 60 years on the said date, which is the compulsory year for retirement.

Stop parading yourself as IGP, court tells Usman Baba

(LEADERSHIP)

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BREAKING: FEC proposes N47.9 trillion budget for 2025 fiscal year

Published

5 hours ago

November 14, 2024

Trends Admin

BREAKING: FEC proposes N47.9 trillion budget for 2025 fiscal year

The federal government has unveiled a proposed budget of N47.9 trillion for the 2025 fiscal year.

Atiku Bagudu, Minister of Budget and Economic Planning, disclosed this to journalists on Thursday following the Federal Executive Council (FEC) meeting chaired by President Bola Tinubu.

Bagudu revealed that the council had approved the Medium-Term Expenditure Framework (MTEF) for 2025-2027.

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According to the minister, the government has pegged the crude oil benchmark at $75 per barrel, with an oil production target of 2.06 million barrels per day (bpd).

The budget also sets the exchange rate at N1,400 per dollar and aims for a gross domestic product (GDP) growth rate of 6.4%.

BREAKING: FEC proposes N47.9 trillion budget for 2025 fiscal year

metro

EFCC arrests ex-NCMB boss over $35m energy project fraud

Published

5 hours ago

November 14, 2024

Trends Admin

EFCC arrests ex-NCMB boss over $35m energy project fraud

The Economic and Financial Crimes Commission (EFCC) told FIJ that they have arrested Timber Wabote, the former executive secretary of the Nigerian Content Development and Monitoring Board (NCMB), on the grounds of a failed $35 million Bayelsa refinery project fraud.

Dele Oyewale, the EFCC’s spokesperson, confirmed this to FIJ on Thursday.

“It is true,” Oyewale responded to FIJ’s inquiries.

Wabote is accused of misappropriating public funds for a refinery project that should have improved local energy production.

Vanguard reported that the NCDMB under Wabote paid $35 million to support the development of energy infrastructure in the Brass Local Government Area of Bayelsa, yet there was nothing to show for it.

The EFCC picked Wabote up following the arrest of Akintoye Adeoye Akindele, the Managing Director of Atlantic International Refinery and Petrochemical Limited, for alleged misappropriation, money laundering and diversion of $35 million in public funds.

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“NCDMB under the watch of Wabote allegedly paid the $35 million to Akindele to build a 2,000 barrel per day (BPD), refinery, jetty, gas plant, power plant, data centre and tank farm at Brass free trade zone (FTZ), Okpoama Community in Brass LGA of Bayelsa State,” a source with the EFCC had explained.

Since December 2020 when the payments were made, Akindele abandoned the project with little or nothing to show for the huge sum he received.

Preliminary investigations showed that Wabote’s NCDMB financed 17 different projects, including the 2,000 BPD refinery in Brass LGA.

There has been a series of public fund misappropriation cases in the energy sector in recent times.

FIJ earlier reported that members of the House of Representatives summoned three ministers to defend how over $2 billion was spent on renewable energy with not much to show for it.

A recent FIJ report also recently detailed how residents of Yenagoa, the capital of Bayelsa, have not had power in their homes since July due to the vandalisation of the Ahoada-Yenagoa transmission towers caused by unidentified persons.

The Bayelsa state government told FIJ it was the federal government’s responsibility to provide electricity for residents. The state has no renewable energy options reliable enough to power its capital despite the multi-million-dollar NCMB energy project.

Transparency in the energy sector has become necessary at a time when Nigerians have suffered power instability due to frequent grid collapses.

EFCC arrests ex-NCMB boss over $35m energy project fraud

metro

Court adjourns Yahaya Bello’s trial till Nov 27

Published

6 hours ago

November 14, 2024

Trends Admin

Yahaya Bello

Court adjourns Yahaya Bello’s trial till Nov 27

The Economic and Financial Crimes Commission (EFCC) has requested an adjournment in the new case against the immediate past Governor of Kogi State, Yahaya Bello, stating that the 30-day window for the previously issued summons is still active.

The commission has granted administrative bail to his co-defendants, Umar Oricha and Abdulsalami Hudu, and asked the court for an extension of time for Bello to appear.

At the resumed hearing before Justice Maryann Anenih of the Federal Capital Territory High Court, Abuja, EFCC Counsel Jamiu Agoro noted that the court’s order from October 3rd had not yet expired.

“In that wise, we feel it will not be appropriate for us to take proceedings while that 30 days is still running. So we have discussed and agreed to come back on the 27th day of November, 2024, my lord,” he told the court.

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He also mentioned that the previously set date of November 20th was not convenient for the prosecution counsels.

Counsel to the second defendant, Aliyu Saiki, SAN, confirmed that his client had been granted administrative bail by the prosecution and had no objection to the adjournment request. The third defendant’s counsel, ZE Abass, concurred.

The prosecution counsel also requested the court to allow the notice of hearing to be pasted on the last known address of the first defendant.

After hearing from all counsels, the judge granted the EFCC’s application for adjournment and the issuance of the hearing notice.

“I have considered the application for adjournment by the complainant and issuance of hearing notice and the submission by the second and third defendants. The application is granted,” she said.

Justice Anenih then adjourned the case to November 27th for arraignment.

The former governor, alongside Umar Oricha and Abdulsalami Hudu, are being prosecuted as 1st to 3rd defendants, respectively, in a fresh 16-count charge instituted against them by the EFCC.