Tenure Elongation: IGP Alkali unconstitutionally occupying office, court declares

The continued stay in office by the Inspector General of Police (IGP), Usman Baba Alkali, is illegal, and unconstitutional.

The above was the declaration of Justice Fatun Riman of a Federal High Court, Awka, while passing judgment in a suit designated FHC/AKW/CS/58/2023, which was filed by one Okechukwu Nwafor, who told the court that he is a taxpayer.

In the judgment delivered on May 14, Justice Riman held that President Muhammadu Buhari lacked the powers to extend Alkali’s tenure as the IGP, beyond his statutory retirement age.

The judge maintained that the IGP, being a public servant, ought to have stepped down on March 1, when he clocked the 60 years mandatory retirement age.

Justice Riman further declared that Alkali, as a member of staff of the Nigeria Police Force, an authority established under Section 214 (1) of the Constitution, was bound by the Rule 229 of the Police Service Rules (PSR), which provided for the compulsory retirement of all grades of public service officers at the age of 60 or 35 years of service, whichever comes first.

According to the judge, "In the instant case, the 2nd defendant’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, in which the word “Shall” is used in the provision, it is mandatory.

“Section 7(6) of 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”.

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