Court Removes IGP Usman Alkali Baba Over Tenure Extension

Patrick OdeyMay 27, 2023

1 minute read

A Federal High Court in Awka has ordered the Inspector-General of Police, Usman Alkali Baba, to vacate his office immediately, saying he is occupying it illegally and unconstitutionally.

The court, presided over by Justice Fatun Riman, said Baba’s tenure extension by President Muhammadu Buhari violated the Police Act, 2020, which stipulates that only an officer with at least four years in service can be appointed as IGP.

The judgment was delivered on Friday, May 19, 2023, but a certified copy was obtained by our correspondent on Saturday, May 27, 2023.

The suit was filed by Okechukwu Nwafor, a taxpayer, who challenged Baba’s continued stay in office after he attained the mandatory retirement age of 60 on March 1, 2023.

Justice Riman held that the IGP is a public servant and a member of the Nigeria Police Force, an authority established by Section 214 (1) of the Constitution and subject to the Federal Public Rules 299 (PSR), 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.

The judge also held that the President’s prerogative power is limited by the provisions of the Constitution and that the IGP’s retirement is a statutory and constitutional issue that cannot be altered by any other law.

The judge ordered the President, the Attorney General of the Federation and Minister of Justice and the Nigeria Police Council to stop recognizing Baba as the IGP and to appoint a qualified officer to replace him.