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.
READ ALSO:
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.
READ ALSO:
“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.
(LEADERSHIP)
Nnamdi Kanu returns to court, apologises over attacks on judge, others
The leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, appeared before the Federal High Court in Abuja for the latest hearing in his ongoing trial for alleged treason. This session marked a transition in the case, with Justice James Omotosho now overseeing proceedings.
Additionally, Kanu’s defense team saw a leadership change, with senior lawyer Kanu Agabi (SAN) stepping in as the new lead counsel, while the prosecution remains led by Adegboyega Awomolo (SAN).
At the outset of the hearing, Agabi requested permission to address the court, where he extended an apology on behalf of his client. He acknowledged past tensions, emphasizing that it was necessary to offer regrets to Justice Binta Nyako, the prosecution team, and Kanu’s own legal representatives.
READ ALSO:
He noted that Kanu had harbored anger for an extended period and admitted that criticisms directed at Justice Nyako had been unwarranted. The defense counsel also apologized to the prosecution team, led by Awomolo, as well as to the chairman of the Body of Benchers, acknowledging their respected positions.
Describing Kanu as a good man, Agabi stressed the importance of allowing room for human error, urging that efforts should be focused on resolution rather than conflict.
In response, the prosecution accepted the apology and assured that efforts would be made to expedite the trial. Awomolo acknowledged the complexities and emotions surrounding the case, recognizing the pressures involved.
Justice Omotosho also weighed in, remarking on the toll the lengthy legal battle may have taken on Kanu. He pointed out that Kanu, who was 47 when the trial began in 2015, is now 57 and remains uncertain about his future. The judge suggested that the prolonged nature of the case could have contributed to some of Kanu’s previous remarks.
Additionally, Justice Omotosho extended an apology to the prosecution on Kanu’s behalf.
Akpabio told me I’d make good movements with my waist – Natasha
Senator Natasha Akpoti-Uduaghan, who represents Kogi Central, has accused Senate President Godswill Akpabio of making repeated lewd and suggestive remarks towards her, both in and outside the Senate chamber.
Akpoti-Uduaghan was suspended from the Senate on March 6 for what was described as “gross misconduct and unruly behavior” following a seating arrangement dispute with Akpabio.
However, her suspension came just a day after she formally submitted a sexual harassment petition against the Senate President on the Senate floor.
In an interview with the BBC, Akpoti-Uduaghan claimed that the allegations of misconduct were merely a cover to silence her.
She alleged that Akpabio frequently made inappropriate advances toward her, sometimes in the presence of other senators.
“He would squeeze my hands in a very suggestive way,” she said.
READ ALSO:
Recalling a particular incident, she stated, “There was a time I forgot to wear my ring because I rushed to work. And there were about five senators there. And Akpabio said, ‘Oh Natasha, you are not wearing your ring… is this an invitation to treat?’”
She further alleged that Akpabio made sexually charged comments about her marriage.
“There was another time he made a statement like, ‘Natasha, your husband is really enjoying. It looks like you’d be able to make good movements with your waist.’”
“He makes such sexist statements. And then they (other senators) all laughed,” she added.
During the interview, Akpoti-Uduaghan broke down in tears when asked about the impact of her allegations and the backlash she has faced.
“People don’t understand what it means to carry this. Maybe we don’t talk about it enough in Nigeria or Africa,” she said, her voice breaking.
“I just want a place where I would just work. I thought the worst was over, but I guess for a woman, it’s never really over, right?”
Despite the challenges, the senator said she has received support from female parliamentarians across Africa, who have reached out to share their experiences of similar struggles in male-dominated legislative environments.
Why we want Natasha out of Senate – Kogi Central constituents
The Constituents of Kogi Central Senatorial District has explained why they want to recall Natasha Akpoti-Uduaghan, their representative in the Nigerian Senate back home.
“For us as Ebira people, we are determined to recall Akpoti-Uduaghan. While she is at home, she may learn the rudiments of representing her constituents better” the indigenes across the five Local Government Areas of the Senatorial district, under the aegis of Kogi Central Elites Forum (KCEF), said in a statement jointly signed by Alh. Ibrahim Abdulazeez Ibrahim (President) and Prince Akerejola Johnson (Secretary) in Lokoja.
The concerned indigenes, who are of Ebira extraction like the embattled senator, said they resolved to bring the embattled senator back home, given the alleged embarrassment she had caused the senatorial district internationally.
They condemned, in strong terms, insinuations that the recall process against the lawmaker representing Kogi Central in the National Assembly, was not endorsed by majority of the electorate in the area.
They urged Nigerians to disregard the deliberate mischief suggesting that people were deceived to come out for the recall exercise.
READ ALSO:
“No one is sponsoring this recall. Our people are largely united on this cause. From the history of Ebiras, you know we cannot be deceived.
“Even some of us that supported Natasha on social media then are no longer with her. We cannot trade the integrity of the state and Nigeria.
“A matter as simple as not taking an assigned seat in the senate should not be one that would warrant a “sexual harassment” national embarrassment of this nature. This is not who we are as Ebiras.”
On the issue of INEC disclaiming the exercise, the constituents said the response was misconstrued.
“INEC has no official role until after this signature collection phase. We are the ones that are doing the recall, the petitioners. We have to ensure that the required threshold is met before formally presenting it for verification. This is where INEC comes in.”
They urged the public to disregard any mischievous interpretation of the recall process, saying some politicians would always release statements based on their leanings and interests.
“Ordinarily, we would never have allowed anyone to intimidate our daughter if she was on her right. But in this particular instance, she disrespected the senate of the Federal Republic of Nigeria, which has clear rules and went on to introduce slants that have never been heard of in the history of the senate.
” This is not about content creation like many people have said.”
The national assembly has been hit by allegations of sexual harassment against the Senate President, Godswill Akpabio, after Natasha Akpoti-Uduaghan allegedly refused to respect the senate rules and was penalised.
(NAN)
Lanre Shittu Motors offers support for EV bus design competition in universities
UK announces new passport application fees starting April 2025
Ibas: 18 things to know about Rivers administrator
Breaking: Tinubu declares state of emergency in Rivers State
Soldiers take over Rivers Government House after state of emergency declaration
Pipeline explosion hits Bayelsa amid Rivers state emergency declaration
Tinubu holds emergency meeting with service chiefs
Court lifts order stopping Senate probe on Natasha Akpoti
